1. SECTIONS 104, 107, 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9604, 9607, AND 9622. 2. CHINO MINES COMPANY PHELPS DODGE MINING COMPANY 210 CORTEZ HURLEY, GRANT COUNTY, NEW MEXICO 3. RESPONDENT CHINO MINES CO. IS A NEW MEX. GENERAL PARTNER- SHIP. PHELPS DODGE CHINO, INC. ACQUIRED 66% OWNERSHIP OF CHINO MINES CO. ON DEC. 31, 1986, AND OPERATES IT AS A NEW MEXICO GENERAL PARTNERSHIP WITH HEISEI MINERALS CORP- ORATION, AS DELAWARE CORPORATION. THE SITE KNOWN AS THE CHINO MINES SITE AND IS LOCATED ON APPROXIMATELY 119,000 ACRES IN GRANT COUNTY, NEW MEXICO. CHINO MINES CONDUCTS OPEN PIT COPPER MINING AND COPPER SMELTING ON THE SITE. THE SITE INCLUDES NOT ONLY THAT PROPERTY USED FOR ACTUAL MINING OPERATIONS, BUT MAY ALSO INCLUDE AREAS CONTIGUOUS TO THE SITE BOUNDARY WHERE CONTAMINATION IS DISCOVERED THAT ORIGINATED FROM HAZARDOUS SUBSTANCES ASSOCIATED WITH HISTORIC MINING DONE ON OR NEAR THE SITE. DURING THE WEEK OF OCT. 5, 1987, THE NEW MEXICO ENVIRON- MENT IMPROVEMENT DIVISION (THE CURRENT NEW MEXICO ENVI- RONMENT DEPT. (NMED)) OBTAINED SEDIMENT AND SURFACE WATER SAMPLES FROM HANOVER CREEK AND DISCHARGE POINTS FROM THE CHINO WEST DUMPS. THESE SAMPLES WERE ANALYZED BY THE SCI- ENTIFIC LABORATORY DIV