THIS PROPOSED SETTLEMENT IS A SUPPLEMENT TO A PREVIOUS DE MINIMIS SETTLEMENT IN THIS CASE WHICH WAS APPROVED BY THE DOJ ON JULY 31, 1989, AND BECAME FINAL ON OCT 25, 1989. UN- DER THE PREVIOUS SETTLEMENT, 139 COMPANIES PAID A TOTAL OF $2,172,038.24 INTO THE HAZARDOUS SUBSTANCES SUPERFUND. OF THAT TOTAL, $1,888,326.05 REPRESENTED REIMBURSEMENT FOR A PORTION OF THE AGENCY'S PAST COSTS AT THE SITE AND $283,712. 69 REPRESENTED PAYMENTS IN SETTLEMENT OF POTENTIAL PENALTY LIABILITY FACED BY PARTIES WHO HAD NOT COMPLIED WITH THE AGENCY'S JULY 27, 1988, UNILATERAL CLEANUP ORDER. DUE TO PRESENT ADVERSE FINANCIAL SITUATIONS, FOUR PARTIES WHO WERE ELIGIBLE TO PARTICIPATED IN THE INITIAL SETTLEMENT REQUESTED THAT A TOTAL OF $215,814.88, REFLECTING THEIR FINANCIAL OBLI GATION UNDER THE SETTLEMENT PROPOSAL, BE PAID IN INSTALLMENT S, WITH STATUTORY INTEREST. A. NATURE OF THE CASE THE I. JONES RECYCLING SITE IN FORT WAYNE, IN, WAS OPERA- TED AS AN INTERIM STATUS HAZARDOUS WASTE STORAGE AND RECYCL- ING FACILITY FROM 1980 UNTIL 1986. THE 4.5 ACRE SITE IN AD- JACENT TO A LARGE SHOPPING CENTER AND SEVERAL SMALL BUSINESS ES, AND IS LOCATED NEAR RESIDENTIAL AREAS. ON OCT. 14, 1986 AND SEPT. 3, 1987, USEPA ISSUED UNILATERAL CLEANUP ORDERS TO THE SITE OWNERS AND OPERATORS FOR PERFORMANCE OF THE FIRST PHASES OF THE REMOVAL ACTIVITIES NEEDED AT THE SITE. THE OWNERS AND OPERATORS REFUSED TO COMPLY