On August 24, 2009, a Prospective Lessee Agreement (PLA) between EPA and the Stop & Shop Supermarket Company, LLC became effective in connection with RespondentÂs long- term ground-lease and redevelopment of an approximately 9-acre portion of the Liberty Industrial Finishing Superfund Site, Nassau County, New York. Upon the effectiveness of the PLA, Respondent commenced construction of an 81,000 square-foot supermarket at the Site. Under the PLA, the United States has covenanted not to sue or take administrative action against the Respondent under Section 106 or 107(a) of CERCLA. The PLA had been signed in 2005 but the effective date was deferred until cleanup activities were completed at this portion of the Site. The Site is listed on the National Priorities List and includes a 30-acre facility surrounded by suburban areas that are primarily residential. During the second World War and, to a lesser extent during the Korean War, industrial operations at the Site included aircraft parts manufacturing and associated metal finishing processes largely in support of military efforts. After the wars, the Site was used for other industrial and warehousing operations. Throughout most of the period of industrial operation, wastes were discharged at the Site. The Site is located above a sole source drinking water aquifer. In 2002, EPA issued a Record of Decision selecting a comprehensive cleanup of the Site addressing soils and groundwater as well as contaminated sediments at