I. SYNOPSIS OF THE CASE THE ROSE TOWNSHIP DUMP SITE IS LOCATED ON DEMODE ROAD IN RURAL ROSE TOWNSHIP, OAKLAND COUNTY, MICH. FROM 1966 UNTIL AT LEAST 1968, AN UNKNOWN NUMBER IF DRUMS OF WASTES WHICH INCLUDED SOLVENTS, PAINT SLUDGES AND PCB WERE BURIED AT THE SITE. IN ADDITION, BULK WASTES WERE ALSO DISCHARGED TO THE SURFACE OR INTO SHALLOW LAGOONS OR PITS AT THE SITE. THE SITE WAS PLACED ON THE NATIONAL PRIORITY LIST (NPL) IN SEPT. OF 1983. BEGINNING IN 1983, USEPA AND THE MICH. DEPT OF NATURAL RESOURCES (NDNR) CONDUCTED A REMEDIAL INVES- TIGATION/FEASIBILITY STUDY (RI/FS) TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION WHICH EXISTS AT THE SITE. THE RI/FS FOR THE ROSE TOWNSHIP DUMP SITE CONCLUDED THAT SURFACE SOIL, SUBSTANCES SOIL AND GROUNDWATER HAD BEEN CON- TAMINATED BY THE DISPOSAL ACTIVITIES WHICH HAD BEEN CONDUC- TED AT THE SITE. AT THE TIME THAT THE ROSE TOWNSHIP RI/FS WAS RELEASED FOR PUBLIC COMMENT (IN JUNE OF 1987), USEPA NOTIFIED 28 COMPANIES BY LETTER OF THEIR PRTENTIAL LIABILITY FOR THE HAZARDOUS SUBSTANCE CONTAMINATION WHICH EXISTS AT THE SITE. IN THIS LETTER, USEPA ALSO GAVE THESE AN OPPORTU- NITY TO NEGOTIATE WITH USEPA FOR PRIVATELY FUNDED CLEANUP AT THE ROSE TOWNSHIP SITE. RECENTLY USEPA REACHED AN AGREEMENT WITH TWELVE OF THE TWENTY-EIGHT NOTIFIED COMPANIES FOR A PRIVATELY FUNDED CLEAN UP AT THE SITE. THESE TWELVE COMPANIE