Where the responsible person1 has given a notice of proposed remedial action2 with respect to any damage, he must meet his remedial obligation3 in respect of that damage by taking the appropriate remedial action4, and not in any other way5. The appropriate remedial action in relation to any damage is that stated in the notice of proposed remedial action with respect to that damage6. Where the responsible person has power to elect to make a discretionary payment in lieu7 or a discretionary depreciation payment8 in respect of any damage, and he has not exercised that power by stating in
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