RD/RA CD REFERRAL FOR OU1 OF THE T.H. AGRICULTURE AND NUTRITION (THAN) CO., IN ALBANY, GA. THE CD OBLIGATES THE DEFENDANT, THAN, TO COMPLETE IMPLEMENTATION OF THE RA FOR THE SITE (THEY HAVE ALREADY COMPLETED THE RD AND COMMENCED THE RA UNDER A UAO), WHICH HAS AN ESTIMATED REMAINING COST OF $2 MILLION (THE ORIGINAL ROD COST ESTIMATE WAS $4.1 MILLION). IN ADDITION, THAN AGREES IN THE CD TO DISMISS WITH PREJUDICE ITS PENDING 106(B) REIMBURSEMENT PETITION, WHICH IS PRESENTLY BEFORE THE 11TH CIRCUIT. IN EXCHANGE FOR THESE COMMITMENTS, EPA AGREES TO WAIVE $475,000 IN PAST COSTS, ALL FUTURE OVERSIGHT COSTS, AND TO PAY $50,000 IN THAN'S ATTORNEY'S FEES IN THE 106(B) ACTION. THAN WAS SEEKING REIMBURSEMENT OF THE $1.8 MILLION COSTS OF COMPLYING WITH A REMOVAL UAO, PLUS ATTORNEYS FEES, IN THE 106(B) ACTION BASED ON THE ALLEGATION THAT THE CLEAN UP LEVEL CHOSE BY EPA IN A REMOVAL ACTION AT THE SITE WAS ARBITRARY AND CAPRICIOUS. THAN WAS ALREADY IMPLEMENTING THE OU1 RD/RA PURSUANT TO A UAO (SEE MATTER NUMBER 04-1995-0007), BUT WILL CONVERT TO THE CD WHEN IT IS LODGED.