ANNISTON LEAD AND ANNISTON PCB SITES (WARRANT FOR ACCESS)

EPA seeks DOJ’s assistance in obtaining a warrant pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ( CERCLA ), 42 U.S.C. § 9601 et seq., as amended, for entry and access for any officer, employee, authorized contractor, or representative of the EPA, including the State of Alabama and any potentially responsible parties duly designated by EPA pursuant to 40 C.F.R. § 300.400(d)(3), as well as any other authorized Federal officer onto and remaining on the premises listed in Exhibit A ( Residential Properties ) to abate the release or threat of release of hazardous substances. This warrant is requested pursuant to the authorities set forth in Section 104(e)(3), 104(e)(4), and 104(e)(6) of CERCLA, 42 U.S.C. §§ 9604(e)(3), (4), and (6), for the purposes of conducting sampling activities and/or other removal activities as deemed necessary by EPA pursuant to CERCLA and as required by the Section 122 Administrative Agreement and Order on Consent effective January 17, 2006 (AOC) between EPA and DII Industries, L.L.C., FMC Corporation, Huron Valley Steel Corporation, McWane, Inc., MeadWestvaco Corporation, MRC Holdings, Inc., MW Custom Papers, L.L.C., Phelps Dodge Industries, Inc., United Defense, L.P., United States Pipe and Foundry Company, Inc., and Walter Industries, Inc. (collectively, Respondents ). The sampling and other removal activities are necessary to evaluate and address the release or threat of release of hazardous subs