ON OCTOBER 12, 1999, A FIRE DESTOYED AN ELECTROPLATING AND METAL FINISHING FACILITY LOCATED AT 23120 GRATIOT AVENUE IN EASTPOINTE, MICHIGAN. THE PROPERTY IS CURRENTLY OWNED AND WAS OWNED AT THE TIME OF THE FIRE BY VALENTINE INVESTEMENTS, L.L.C. (VALENTINE). VALENTINE LEASED THE PROPERTY TO PRO- DUCTION PLATING, INC. (PLATING) AND PLATING CONDUCTED THE METAL FINISHING OPERATIONS AT THE FACILITY. AS A RESULT OF THE FIRE, HAZARDOUS SUBSTANCES USED IN THE PLATING PROCESS WERE RELEASED. ON THE DAY OF THE FIRE, PLAT ING RETAINED M.L. CHARTIER, INC. (CHARTIER), AN ENVIRON- MENTAL CONTRACTOR, TO CONDUCT CLEANUP OPERATIONS AT THE FACILITY. HOWEVER, BEFORE THE CLEANUP WAS COMPLETED, CHAR- TIER ABANDONED ITS CLEANUP OPERATIONS BECAUSE IT RECEIVED NO PAYMENT FOR ITS SERVICES. AFTER CHARTIER DISCONTINUED ITS CLEANUP OPERTIONS, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER SECTION 106 OF CERCLA, 42 U.S.C. 9606, TO VALENTINE AND PLATING REQUIR ING THEM TO COMPLETE THE CLEANUP ACTIVITIES. VALENTINE AND PLATING INFORMED THE REGION THAT THEY COULD NOT PERFORM THE WORK REQUIRED BY THE ORDER DUE TO FINANCIL CONSTRAINTS. SUBSEQUENTLY, EPA CONDUCTED A REMOVAL AT THE FACILITY NOW KNOWN AS THE PRODUCTION PLATING FIRE SUPERFUND SITE (THE SITE). EPA WAS NAMED AS A DEFENDANT IN AN INTERPLEADER CASE FILED BY TRANSPORATION INSURANCE COMPANY I