THIS SETTLEMENT AGREEMENT CONCERNS THE OPHIR MILLS AND SMELTER SUPERFUND SITE LOCATED IN OPHIR, TOOLE COUNTY, UTAH. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. EPA TOOK RESPONSE ACTIONS AT THE SITE. THE REMOVAL ACTION FOCUSED ON REMOVING CONTAMINANTS FROM PAST MINING ACTIVITIES IN AND AROUND THE TOWN OF OPHIR. IN PERFORMING RESPONSE ACTIONS AT THE SITE, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THE SETTLING PARTY IS THE RESPONSIBLE PARTY AND IS LIABLE FOR RESPONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE.