U.S. EPA HAS DOCUMENTED THE RELEASE OR THREATENED RELEASE AT THE SITE OF POLLUTANTS, CONTAMINANTS, OR HAZARDOUS SUBSTANCES. U.S. EPA'S NOVEMBER 4, 2002, ACTION MEMORANDUM INDICATES THAT ADDITIONAL RESPONSE ACTION IS NECESSARY TO CLEAN UP SOME 19,250 CUBIC YARDS OF HIGHLY CONTAMINATED SOIL AT THE SITE. SINCE JANUARY 2002, THE U.S. EPA HAS SPENT APPROXIMATELY $462,000 IN ASSESSING THE CONDITIONS AT THE SITE AND INVESTIGATING THE STATUS OF VARIOUS PRPS. ADDITIONALLY, U.S. EPA ANTICIPATES SPENDING AN ESTIMATED $1.87 MILLION IN PUBLIC FUNDS TO CLEAN UP THE SITE. WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, EACH SETTLING PARTY SHALL PAY ITS RESPECTIVE SETTLEMENT PAYMENT TO EPA HAZARDOUS SUBSTANCE SUPERFUND. IF ANY SETTLING PARTY FAILS TO MAKE FULL PAYMENT WITHIN THE TIME , THAT SETTLING PARTY SHALL
PAY INTEREST ON THE UNPAID BALANCE AND CIVIL PENALTIES.