BACKGROUND: THE CIBA-GEIGY SUPERFUND SITE (THE SITE) CONSISTS OF FOUR OPERABLE UNITS. CIBA-GEIGY CORPORATION, INC. IS THE ONLY PRP AT THE CIBA-GEIGY SITE, LOCATED IN MCINTOSH, ALABAMA. CIBA-GEIGY HAS ALREADY SIGNED CONSENT DECREES FOR OPERABLE UNITS TWO AND FOUR, FOR CLEANUP OF SOILS AT ELEVEN FORMER WASTE MANAGEMENT UNITS. OPERABLE UNIT ONE, CONCERNING GROUNDWATER, IS BEING ADDRESSED UNDER RCRA CORRECTIVE ACTION. OPERABLE UNIT THREE ADDRESSES CONTAMINATION OF THE FLOODPLAIN AND A SWAMP AT THE SITE. THE PROPOSED PLAN FOR OPERABLE UNIT THREE WAS ISSUED IN DECEMBER, 1994. 5/96 - RD/RA CD THAT WAS REFERRED CONTAINS A FULL COVENANT NOT TO SUE PROVISION, CONSISTENT WITH THE NEW MODEL RD/RA CD.