THE NL DE MINIMIS SETTLEMENT CONSENT DECREE REFERRED TO DOJ ON SEPTEMBER 30, 1999, FOLLOWS THE CONSENT DECREE SIGNED BY THE MAJOR PRPS AND IS THEREFORE PART OF A GLOBAL SETTLEMENT AT THE NL INDUSTRIES INC., SITE. UNDER THIS DE MINIMIS CONSENT DECREE, FIFTY-NINE (59) PARTIES HAVE AGREED TO PAY THEIR ALLOCATED SETTLEMENT AMOUNTS CALCULATED ACCORDING TO THEIR RESPECTIVE VOLUMETRIC CONTRIBUTIONS TO THE NL SITE IN RETURN FOR FULL RELEASES AT THE NL SITE. WILL BE PAID INTO THE NL INDUSTRIES, INC., SUPERFUND SITE DE MINIMIS SPECIAL ACCOUNT WITHIN THE EPA HAZARDOUS SUBSTANCE SUPERFUND TO BE RETAINED AND USED TO CONDUCT OR FINANCE THE RESPONSE ACTION CURRENTLY BEING UNDERTAKEN BY THE MAJOR PRPS AT THE NL SITE. EACH DE MINIMIS SETTLING PRP WILL RECEIVE A COVENANT NOT TO SUE AND CONTRIBUTION PROTECTION FROM EPA UNDER SECTIONS 106 AND 107 OF CERCLA, 42 U.S.C. SECTION 9607 WITH NO REOPENER FOR EITHER.
PARTIES WHOSE VOLUMETRIC CONTRIBUTIONS WERE WITHIN THE DE MINIMIS ELIGIBILITY LEVELS OF BETWEEN .002% AND 2.0% OF THE TOTAL VOLUME OF WASTE SENT TO THE SITE WERE OFFERED THIS DE MINIMIS SETTLEMENT OPPORTUNITY. THE ALLOCATED AMOUNT FOR EACH DE MINIMIS PARTY IS THE SUM OF A BASIC AND A PREMIUM PAYMENT OF 30% OF A DE MINIMIS PARTY'S SHARE OF ESTIMATED FUTURE SITE COSTS. AN ADDITIONAL PREMIUM OF 30% WAS ADDED TO THE SETTLEMENT AMOUNT OF ONE DE MINIMIS PARTY WHO FAILED TO COMPLY W/ THE 1992 UAO. SEVERAL PARTIES WHO DEMONSTRATED THEIR PARTICIPATIO