1. SECTIONS 104(E) AND 106(A) OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9604(E) AND 9606(A), ( CERCLA ). 2. STEPHENSON-BENNETT MINE SITE SECTION 11, T 22S, R 3E, SOUTH OF ORGAN ORGAN, DONA ANA COUNTY, NEW MEXICO 88052 RESPONDENT: BASSETT, NEW MEXICO LLC 3. THE SITE IS AN APPROXIMATELY 150-ACRE AREA OWNED BY BASSETT, NEW MEXICO LLC. BASSETT OWNS THE CLAIMS INCLUD- ING WITHOUT LIMITATIONS THE SURFACE PROPERTY. AS PART OF MINING AND MILLING OPERATIONS THAT WERE CON- DUCTED ON THE SITE DURING THE PERIOD FROM ABOUT THE LATE 1840S UNTIL ABOUT THE MID-140S, LEAD-AND ARSENIC-CONTAM- INATED MINING AND MILLING WSSTE WERE DUMPED, SPILLED, AND DISPOSED OF ON THE SITE. MOST OF THE LEAD-AND ARSENIC- CONTAMINATED MINING WASTE WHICH WAS DUMPED, SPILLED AND DISPOSED OF WAS LOCATED IN THE MAIN DRAINAGE ARROYO ON THE SITE. IN ABOUT SEPT. 1997, EPA INVESTIGATIONS OF THE SITE FOUND THAT ABOUT 8,000 CUBIC YARDS OF LEA-AND ARSENIC-CONTAMIN- ATED MINING WASTE REMAINED IN THE MAIN DRAINAGE ARROYO. THE GENERALLY DRY DESERT SOIL CONDITIONS CAUSE THE SOIL ON THE SITE AND THE MINE WASTE TO BE LOOSE AND GRANULAR. DURING THE POWERFUL INTERMITTEN RAIN EVENTS, TURBID FLOOD WATERS HAVE DEVELOPED, CAUSING TH