THE PARTIES TO THIS SETTLEMENT ARE: FORT JAMES OPERATING COMPANY, NCR CORPORATION, WDNR,
AND THE EPA. THE SETTLEMENT REQUIRES THE RESPONDENTS TO CONDUCT THE REMEDIAL DESIGN OF THE
SELECTED REMEDY FOR OUS 2 TO 5. ALSO, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AOC, WITH THE
EFFECTIVE DATE BEGINNING WHEN THE RESPONDENTS RECEIVE A SIGNED COPY OF THE AOC, THE
RESPONDENTS WILL PAY A TOTAL OF $600,000 FOR PAST COSTS INCURRED BY EPA AT THE SITE. THE MONEY
WILL BE PLACED IN THE FOX RIVER SPECIAL ACCOUNT, WHICH HAS ALREADY BEEN ESTABLISHED PURSUANT TO
THE RA CD FOR OU1. THOUGH THE RESPONDENTS ARE MAKING A PAYMENT FOR PAST COSTS INCURRED BY
EPA, THEY DO NOT RECEIVE A RELEASE FROM UNRECOVERED PAST COSTS; ONLY A CREDIT FOR THE AMOUNT THEY
ARE PAYING UNDER THE AOC.
UNTIL THE RESPONSE AGENCIES APPROVE THE RD WORKPLAN, OR JUNE 15, 2004, WHICHEVER DATE COMES
FIRST, EITHER OR BOTH RESPONDENTS CAN WITHDRAW FROM THE OBLIGATIONS TO PERFORM THE WORK UNDER
AOC. THE RESPONDENTS REQUESTED THIS PROVISION SINCE THE RD WORKPLAN WAS NOT COMPLETED AT
THE TIME THAT THEY EXECUTED THE AOC AND THE RESPONDENTS WERE CONCERN AS TO NOT KNOWING THE
PRECISE SCOPE OF THE RD THAT THEY WERE AGREEING TO IMPLEMENT. HOWEVER, THE RESPONDENTS ARE
REQUIRED TO PERFORM THE PRE-DESIGN SAMPLING AND ANALYSIS EVEN IF THEY CHOSE TO WITHDRAW FROM
THE AOC.
LASTLY, THE RESPONDENTS WILL RECEIVE A PAYMENT OF UP TO $6.5 MILLION PAYABLE FROM THE MONEY
RECEIVED PURSUANT TO THE API/NCR DECREE FOR PERFORMANCE OF THE REME