ON OCTOBER 12, 1999 A FIRE DESTROYED AN ELECTROPLATING AND METAL FINISHING FACILITY LOCATED AT 23120 GRATIOT AVENUE IN EASTPOINTE, MICHIGAN. THE PROPERTY IS CURRENTLY OWNED AND WAS OWNED AT THE TIME OF THE FIRE BY VALENTINE INVESTMENTS, L.L.C. (VALENTINE). VALENTINE LEASED THE PROPERTY TO PRODUCTION PLATING, INC. (PLATING) AND PLATING CONDUCTED THE METAL FINISHING OPERATIONS AT THE FACILITY. AS A RESULT OF THE FIRE, HAZARDOUS SUBSTANCES USED IN THE PLATING PROCESSES WERE RELEASED. ON THE DAY OF THE FIRE, PLATING RETAINED M.L. CHARTIER, INC. (CHARTIER), AN ENVIRON- MENTAL CONTRACTOR, TO CONDUCT CLEANUP OPERATIONS AT THE FACI LITY. HOWEVER, BEFORE THE CLEANUP WAS COMPLETED, CHARTIER ABANDONED ITS CLEANUP OPERATIONS BECAUSE IT RECEIVED NO PAY- MENT FOR ITS SERVICES. AFTER CHARTIER DISCONTINUED ITS CLEANUP OPERATIONS, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER SECTION 106 OF CERCLA, 42 U.S.C. 9606, TO VALENTINE AND P
LATING REQUI- RING THEM TO COMPLETE THE CLEANUP ACTIVITIES. VALENTINE AND PLATING INFORMED THE REGION THAT THEY COULD NOT PERFORM THE WORK REQUIRED BY THE ORDER DUE TO FINANCIAL CONSTRAINTS. SUBSEQUENTLY, EPA CONDUCTED A REMOVAL AT THE FACILITY NOW KNOWN AS THE PRODUCTION PLATING FIRE SUPERFUND SITE (THE SITE). EPA WAS NAMED AS A DEFENDANT IN AN INTERPLEADER CASE FILED BY TRANSPORTATION INSURANCE COMPAN