IN RESPONSE TO A RELEASE OR A SUBTANTIAL THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE, EPA PERFORMED INVESTIGATIONS TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION. EPA'S VISITS TO THE PROPERTY OCCURRED FIRST IN JULY, 1985. THE INVESTIGATION DETERMINED THAT HAZARDOUS SUBSTANCES WERE RELEASED INTO THE ENVIRONMENT AT THE PORTLAND CEMENT SITE. THIS AGREEMENT WITH AND COVENANT NOT TO SUE IS MADE AND ENTERED INTO BY AND BETWEEN THE EPA, DOI, DOJ ON BEHALF OF EPA AND DOI, THE STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY AND WILLIAMSEN INVESTMENT CO (THE SETTLING RESPONDENT.) IN CONSIDERATION OF AND IN EXCHANGE FOR THE UNITED STATES' AND THE STATE'S COVENANTS NOT TO SUE, THE SETTLING RESPONDENT SHALL PAY TO EPA THE SUM OF $30,000 AND TO DOI THE SUM OF $3,000.