CD Supplement & Agreement to replace Operation and Maintenance Fund. The Court entered a consent decree in this civil action in 1989 resolving certain matters at issue in this litigation between the plaintiff, the U.S., and the Defendants listed in Appendix 8 and Appendix 9 of the original CD. This CD Supplement and Agreement exercises the rights of the US EPA as the beneficial owner of the operation & maintenance fund under paragraph 5(f) of the original CD. The original CD requires the Defendants to finance, perform, and complete work to design and implement the RAs selected by EPA in the ROD signed on 9/30/97. Now, in lieu of depositing proceeds from the O&M Annuity in an O&M Fund as contemplated by the original CD, EPA wishes to deposit such proceeds into the LDI Special Account within. the EPA Hazardous Substances Superfund. None of the proceeds from the O&M Annuity shall be deposited in the O&M Fund that First of America Bank was required to establish in accordance with the O&M Fund Agreement. Within thirty days of the effective date of this Agreement, EPA will direct Metropolitan to transfer the entire proceeds of the O&M Annuity in the amount of $6,125,053.17 to EPA.
LITIGATION PLAN: (THIS SITE IS ON NPL LIST) 1. BY 1/13/83, FILE PROOF OF CLAIM & FOLLOW-UP W/BANK- RUPTCY CT APPEARANCES AS NECESSARY. (MDD, GSM, VAN HEULEVEN) . 2. ENCOURAGE REGN/CRIMINAL ENFORCEMENT TO PURSUE WM. IVIE CRIMINALLY FOR IMPROPER W/DRAWAL OF CORP ASSETS THAT CONTRI