EPA recommends initiating a cost recovery action pursuant to Section 107(a) of CERCLA against the current owner of a facility at which hazardous substances were disposed of. Through the proposed action, EPA seeks the recovery of its response costs incurred at the Site, including costs incurred by the Department of Justice, pursuant to Section 107(a) of CERCLA, and a declaratory judgment as to the proposed defendantÂs liability for EPAÂs future costs concerning the Site.
The proposed settlement is an ability to pay settlement. The cost recovery amount represents recovery of 100% of the costs EPA incurred for OU2 through January 31, 2012 and the costs EPA incurred (and will continue to incur) relating to OU1. The Settling Defendants shall perform the RD/RA for OU2 in accordance with the OU2 ROD. The RD/RA for OU2 will address remediation of contaminated soil at the SL Facility and at other areas of the Site. Settling Defendants will provide a separate financial assurance instrument to insure that the RD/RA for OU2 is performed as required by the Consent Decree.