THE DEFENDANT FAILED TO PROVIDE A TIMELY RESPONSE TO EPA'S REQUEST FOR INFORMATION PURSUANT TO SECTION 104(E) OF CERCLA. EPA'S NOTICE OF POTENTIAL LIABILITY AND REQUEST FOR INFORMATION ON MAY 14, 1996 ALSO INCLUDED A REQUEST FOR A WRITTEN RESPONSE WITHIN 14 DAYS, REGARDING THEIR WILLINGINESS TO PERFORM OR FUND THE REMOVAL ACTION AT THE SITE. ON SEPT. 18, 1996 DEFENDANT PROVIDED ITS WRITTEN RESPONSE. EPA CONSIDERS THIS RESPONSE TO BE INCOMPLETE, INADEQUATE AND EVASIVE.
Consent Decree which resolves the amount of the penalty owed. The penalty is being paid as a general unsecured allowed claim in the company's bankruptcy, which is being converted to Ch.7. It is anticipated there will be little if any recovery from this settlement.