ARRANGEMENT FOR DISPOSAL, TREATMENT, AND TRANSPORTATION OF HAZARDOUS SUBSTANCES WITHIN THE MEANING OF 107(A) OF CERCLA IS THE VIOLATION UPON WHICH THIS ACTION IS BASED. EPA SEEKS RECOVERY OF 100% OF EPA'S PAST RESPONSE COSTS FOR (1) A CERCLA REMOVAL ACTION; (2) ITS PREDECESSOR 33 U.S.C. 1321 OIL DISCHARGE RESPONSE ACTION; AND (3) OTHER RELATED LITIGATION AND CONTRACTUAL COSTS. THE FACTS OF THE KIN-BUC CASE ARE SOMEWHAT UNIQUE, IN THAT BOTH AN OWNER/OPERATOR GROUP AND GENERATOR/TRANSPORTER GROUP ARE IN EXISTENCE AND FINANCIALLY VIABLE. BECAUSE THE OWNER/OPERATORS, NON-SETTLORS IN THIS COST RECOVERY ACTION, ARE CURRENTLY COMPLYING WITH EPA'S 106 CLEAN-UP ORDERS, THE GOVERNMENT HAS AGREED TO COVENANT TO USE 'ALL REASONABLE EFFORTS' TO SEEK FUTURE COSTS OR COMPEL FUTURE REPONSE ACTIONS FROM THE NON-SETTLORS, BEFORE SEEKING SUCH RELIEF FROM THE GENERATOR/TRANSPORTER SETTLORS. THIS DOES NOT CONSTITUTE A RELEASE OR 'COVENANT NOT TO SUE' UNDER CERCLA, BUT IT DOES PLACE CERTAIN CONDITIONS ON THE POSSIBLE FUTURE EXERCISE OF THE GOVERNMENT'S ENFORCEMENT AUTHORITY WHICH MAY BE CITED AS PRECEDENT BY PRPS IN FUTURE COST RECOVERY ACTIONS WHERE SIMILAR FACTS ARE PRESENTED.