'The Ithaca Gun Company was in operation at the Site for approximately 100 years before its bankruptcy in 1985. The company dumped spent lead shot into the gorge at Ithaca Falls that is Downgradient of the gun factory.
Respondent Fall Creek Development, L.L.C. (FCD) is the prospective purchaser or contaminated property subject to ongoing EPA removal action. FDC has had no involvement with any activities at the property which occasioned the pollution at the Site. The proposed PPA would require FCD to pay $50,000 for EPA''s covenant not to sue for work performed by EPA as well as for release of federal liens (site/spill ID no.:02-QJ)