COMMENCEMENT OF A CIVIL ACTION PURSUANT TO CERCLA, 42 USC 9601 IN CONNECTION WITH REMOVAL ACTIVITIES AT AN UNCONTROLLED HAZARDOUS SUBSTANCE FACILITY LOCATED AT ONE RIVER ROAD IN EDGEWATER, N.J., COMMONLY KNOWN AS THE QUANTA RESOURCES CORPORATION FACILITY. ON 4/3/85, REGION II COMMENCED A FEDERALLY-FUNDED REMOVAL ACTION AT THE FACILITY PURSUANT TO SECTION 104 OF CERCLA AND 40 CFR 300.65 AND 300.67. SUBSEQUENTLY, ALLIED CORPORATION ( ALLIED ), FOLLOWING THE ESTABLISHMENT OF A $5,000,000.00 TRUST FUND CREATED BY CONTRIBUTIONS FROM OTHER COOPERATING POTENTIALLY RESPONSIBLE PARTIES ( PRP'S), AGREED TO PERFORM MOST OF THE UNCOMPLETED ASPECTS OF THE ONGOING REMOVAL ACTION, AND TO REIMBURSE EPA FOR CERTAIN FEDERAL REMOVAL-RELATED EXPENDITURES. ALLIED ACTUALLY ASSUMED FULL RESPONSIBILITY FOR ONGOING REMOVAL ACTIVITIES AT THE FACILITY ON 11/12/85. IN CONSIDERATION OF THE FINANCIAL CONTRIBUTION OF THOSE PRPS THAT COOPERATED WITH ALLIED, REGION II ENTERED IN TO A COVENANT NOT TO SUE WITH THESE PRPS WITH RESPECT TO THEIR SURFICIAL REMOVAL LIABILITY. THEREAFTER, ON 10/16/85, THE REGIONAL ADMINISTRATOR OF EPA REGION II ISSUED A UNILATERAL ADMINISTRATIVE ORDER, PURSUANT TO SECTION 106(A) OF CERCLA, TO THOSE PRP'S THAT HAD DECLINED OR REFUSED TO PARTICIPATE WITH THE COMMITTEE OF PRP'S FUNDING THE ALLIED SETTLEMENT. THE UNILATERAL ORDER REQUIRED THE RESPONDENTS THERETO TO PRIVATELY FUND AND IMPLEMENT CERTAIN DISCRETE REMOVAL ACTIVITIES INTENDED TO COMPLEMENT THE MAJOR REMOVAL ACTION