THIS IS AN AGREEMENT AND COVENANT NOT TO SUE. CHIMNEY RIDGE L.C. IS PROPOSING TO DEVELOP THE ON-FACILITY PORTION OF THE SITE AND WILL INCLUDE MOVIE THEATERS, RETAIL ESTABLISHMENTS, A MEDICAL COMPLEX, AND OTHER COMMERCIAL USES. MURRAY SMELTER, WHICH CONTINUED OPERATION THROUGH 1949, LEFT LARGE AMOUNTS OF ARSENIC AND LEAD IN VARIOUS AREAS OF THE SURFACE AND SUBSURFACE SOILS AND CONTAMINATED THE SHALLOW AQUIFER WITH HIGH CONCENTRATIONS OF ARSENIC. EPA'S RISK ASSESSMENT INDICATES THAT USES ENTAILING LONG-TERM DIRECT CONTACT WITH THE CONTAMINATED SOIL OR INGESTION OF THE CONTAMINATED GROUNDWATER COULD PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH. IN CONSIDERATION OF AND IN EXCHANGE FOR THE U.S. COVENANT NOT TO SUE, RESPONDENT'S AGREE TO PAY EPA $15,000.