CONSENT DECREE AT FILING, CA H-79-704 (JAC), CA H-90-598 … · SRS, Inc. (formerly Solvents...

FILEDUNITED STATES DISTRICT COURT r ir

FOR THE DISTRICT OF CONNECTICUT ^EP J °

KE,)

tS)UNITED STATES OF AMERICA, TOWN )

OF SOUTHINGTON BOARD OF WATER )COMMISSIONERS and CONNECTICUT )FUND FOR THE ENVIRONMENT )

) Civ. No. H-79-704 (JAC)v. )

SOLVENTS RECOVERY SERVICE OF )NEW ENGLAND, INC. )

UNITED STATES OF AMERICA ))

v. )) Civ. No. H-90-598 (JAC)

SOLVENTS RECOVERY SERVICE OF NEW )ENGLAND, INC., SRS, INC., CARLETON )H. BOLL, and CONNECTICUT DEPARTMENT )OF ENVIRONMENTAL PROTECTION )

. )

CONSENT DECREE

TABLE OF CONTENTS

•»

I. BACKGROUND 1

II. JURISDICTION 4

III. PARTIES BOUND 5

IV. DEFINITIONS 5

V. PAYMENT OF RESPONSE COSTS AND NATURAL RESOURCE DAMAGES 9

VI. FAILURE TO MAKE TIMELY PAYMENTS 23

VII. COVENANTS NOT TO SUE BY UNITED STATES AND THE STATE 24

VIII. COVENANTS BY SETTLING DEFENDANTS 28

IX. EFFECT OF SETTLEMENT; CONTRIBUTION PROTECTION 29

X. SOUTHINGTON AND LAZY LANE PROPERTIES 31

XI. ACCESS TO INFORMATION 38

XII. RETENTION OF RECORDS 40

XIII. NOTICES AND SUBMISSJONS 40

XIV. RETENTION OF JURISDICTION 42

XV. ADMINISTRATIVE PROVISIONS REGARDING DECREE 42

XVI. APPENDICES 43

XVII. SIGNATORIES/SERVICE 44

I. BACKGROUND <~

A. SRS, Inc. (formerly Solvents Recovery Service, Inc.) ("SRS") is a corporation

organized and incorporated under the laws of the State of New Jersey. SRS owned and

operated a hazardous waste treatment, storage, and disposal facility near the Quinnipiac River

in Southington, Connecticut from 1955 to 1960 ("SRSNE facility"). In 1960, SRS transferred

the SRSNE facility to Solvents Recovery Service of New England, Inc. {"SRSNE"), its wholly-

owned subsidiary. SRSNE has owned and operated the SRSNE facility since 1960. Carleton

Boll, a resident of the State of New Jersey, is the president, sole director and majority

shareholder of SRS, and the president and sole director of SRSNE.

B. The SRSNE facility occupies approximately three acres on Lazy Lane, in the

Town of Southington, Hartford County, Connecticut. The facility property is bordered on the

east by the Conrail right-of-way and the Lazy Lane property. The Town of Southington

wellfield property is situated to the south and contains Town Production Wells Nos. 4 and 6.

In December, 1977, Town of Southington drinking water Production Well Number 4 was shut

down due to the presence of elevated levels of volatile organic compounds. Town of

Southington drinking water Well Number 6 was shut down in August, 1979 for the same

reason. Wells Nos. 4 and 6 are located approximately 1,900 and 1,300 feet south of the

SRSNE facility, respectively.

C. Sampling at the SRSNE facility reveals the presence of a number of "hazardous

substances" as defined by CERCLA Section 101(14), 42 U.S.C. § 101(14), including, but not

limited to: toluene, ethyl benzene, vinyl chloride, cadmium, manganese and barium.

D. In 1979, the United States of America ("United States"), on behalf of the

Administrator of the United States Environmental Protection Agency ("EPA"), filed a complaint

under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Si 6901 et sea.,

and the Clean Water Act, 33 U.S.C. § § 1251 fllsfifl., with regard to the SRSNE facility. The

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principal relief sought was an injunction requiring defendant SRSNE to halt the release of

hazardous wastes, mitigate the contamination™ the soil and groundwater, and prevent further

migration of this contamination. United States v. Solvents Recovery Service. Civ No. H-79

704 (JAC). The Town of Southington Board of Water Commissioners and the Connecticut

Fund for the Environment intervened as plaintiffs in that action.

E. On February 23,1983, the Court entered a Consent Decree in Civil Action No.

H-79-704-JAC requiring SRSNE to undertake certain steps to clean up the then existing

contamination at the SRSNE facility and prevent future contamination ("1983 Consent

Decree").

F. Pursuant to Section 105 of the Comprehensive Environmental Response,

Compensation, and Liability Act ("CERCLA"), 42 U.S.C. % 9605, the United States

Environmental Protection Agency ("EPA") placed the SRSNE facility on the National Priorities

List ("NPL"), set forth at 40 C.F.R. Part 300, Appendix B, by publication in the Federal

Register on September 8, 1983, 48 Fed. Reg. 40658. The SRSNE facility was thereafter

designated as the SRSNE Superfund Site (the "Site").

G. In response to a release or a substantial threat of a release of hazardous

substances at or from the Site, EPA commenced, in 1990, a Remedial Investigation and

Feasibility Study ("RI/FS") for the Site pursuant to 40 C.F.R. § 300.430.

H. On January 21, 1986, the State of Connecticut (the "State"), under the

authority granted by the Administrator of EPA, pursuant to Section 3006 of RCRA, 42 U.S.C.

§ 6926, issued a RCRA permit authorizing SRSNE to operate a hazardous waste storage

facility at the SRSNE facility (Permit No. CTD009717604).

I. In April, 1986, EPA issued SRSNE a permit under the Hazardous and Solid

Waste Amendments to RCRA ("HSWA permit"), in order to require certain corrective actions

at the SRSNE facility. This permit took effect on August 21, 1986.

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J. A release or threatened release of hazardous substances at or from the Site has

caused the United States and the State to incur response costs pursuant to Section 104 of

CERCLA, 42 U.S.C. S 9604, and further costs will be incurred.

K. On July 23, 1990, the United States, on behalf of EPA, moved to enforce the

1983 Consent Decree seeking injunctive relief, stipulated penalties, and penalties for civil

contempt against SRSNE under the 1983 Consent Decree. The United States also filed a

complaint in this matter seeking injunctive relief and civil penalties against SRSNE for violation

of its permit under the Hazardous and Solid Waste Amendments to RCRA, and the ban on

land disposal of certain hazardous wastes, 42 U.S.C. § 6924, and 40 C.F.R. Part 268 (the

"1990 Complaint"). The United States additionally requested judgment against all named

Defendants pursuant to Section 107 of CERCLA, 42 U.S.C. S 9607, for all response costs

incurred to date by the United States in connection with the release or threatened release of

hazardous substances at the SRSNE facility and a declaratory judgment establishing that

defendants are jointly and severally liable for all response costs to be incurred by the United

States in the future in connection with the Site.

L. Pursuant to an Order of this Court dated February 22, 1991, the Connecticut

Department of Environmental Protection ("CTDEP") was made a party in this matter. In

accordance with the National Contingency Plan ("NCP") and Section 121 (f)(1 )(F) of CERCLA,

42 U.S.C. § 9621(f)(1)(F), EPA notified the State on October 8, 1991, of negotiations with

Potentially Responsible Parties ("PRPs") regarding the PRPs' performance or funding of

response actions at the Site and EPA has provided the State with an opportunity to participate

in such negotiations and to be a party to this Consent Decree.

M. In accordance with Section 122(j)(1) of CERCLA, 42 U.S.C. ! 9622(j)(1}, EPA

notified the National Oceanographic and Atmospheric Administration and the Department of

the Interior on December 10, 1991, of negotiations with Potentially Responsible Parties

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regarding the release of hazardous substances that may have resulted in injury to the natural

resources under Federal trusteeship and encouraged the trustees to participate in the

negotiation of this Consent Decree.

N. The purpose of this Consent Decree is to provide for Settling Defendants'

payment of their fair share of the costs of the remedial actions that have been and will be

undertaken at the Site and of the United States' other CERCLA response costs and to

terminate the 1983 Consent Decree.

0. The Settling Defendants do not admit any liability to the United States or the

State arising out of the transactions or occurrences alleged in the complaint or otherwise.

P. The United States, the State, and Settling Defendants desire to settle this

matter without further litigation.

Q. The Parties recognize, and the Court by entering this Consent Decree finds, that

this Consent Decree has been negotiated by the Parties in good faith, that implementation of

this Consent Decree will expedite the cleanup of the Site and will avoid prolonged and

complicated litigation between the Parties, and that this Consent Decree is fair, reasonable,

and in the public interest.

THEREFORE, with the consent of the parties to this Decree, it is hereby ORDERED,

ADJUDGED, and DECREED:

II. JURISDICTION

1. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331, 1345, 1355, and 2201, 42 U.S.C. §§ 6928<a) and 6973, 42 U.S.C.

§ § 9606, 9607 and 9613(b), and 33 U.S.C. § 1319. This Court also has personal jurisdiction

over the Settling Defendants. The 1990 Complaint of the United States states a claim upon

which relief may be granted. Solely for the purposes of this Consent Decree and the

underlying complaint, the Settling Defendants waive all objections and defenses that they may

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have to jurisdiction of the Court or to venue in this District and shall not challenge the terms

of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree.

III. PARTIES BOUND

2. This Consent Decree is binding upon the United States and the State, and upon the

Settling Defendants, and their heirs, successors and assigns, and their officers, directors,

employees, agents, and contractors. This Decree is binding on Lazy Lane Corporation as the

wholly-owned subsidiary of SRSNE. Any change in ownership or corporate or other legal

status, including but not limited to any transfer of assets or real or personal property, shall in

no way alter the status or responsibilities of the Settling Defendants under this Consent

Decree. Each Settling Defendant also agrees to provide its successors and assigns with a

copy of this Consent Decree and to provide to EPA and to the State, in accordance with

Section XIII (Notices and Submissions) of this Decree, notice of such successorship or

assignment, unless released from such obligations in writing by EPA.

IV. DEFINITIONS

3. Unless otherwise expressly provided herein, terms used in this Consent Decree

which are defined in CERCLA, RCRA, or in regulations promulgated under CERCLA or RCRA

shall have the meaning assigned to them in CERCLA, RCRA, or in such regulations. Whenever

terms listed below are used in this Consent Decree the following definitions shall apply:

"CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended, 42 U.S.C. !§ 9601 fiisgg.

"Certification of Completion" shall mean EPA's certification pursuant to Section

122(f)(3) of CERCLA, 42 U.S.C. § 9622(f)(3), that remedial action has been completed at the

Site in accordance with the requirements of the National Contingency Plan ("NCR"), the

Record of Decision ("ROD"), and any subsequent consent decree requiring the performance

of remedial action at the Site.

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"CTDEP" shall mean the Connecticut Department of Environmental Protection.

"Consent Decree" or "Decree" shall mean this Decree and any attached appendices.

"Day" shall mean a calendar day. In computing any period of time under this Consent

Decree, where the last day would fall on a Saturday, Sunday, or Federal Holiday, the period

shall run until the close of business of the next working day.

"EPA" shall mean the United States Environmental Protection Agency and any

successor departments or agencies of the United States.

"Financial Information" shall mean the information that is the subject of the Protective

Order entered on July 16, 1991 by this Court.

"Future Response Costs" shall mean all costs, including but not limited to direct and

indirect costs, that EPA, the U.S. Department of Justice on behalf of EPA, and the State will

incur or pay for response actions at the Site after the date that Settling Defendants sign this

Consent Decree, including the cost of performing periodic reviews of the remedial action as

required by Section 121(c) of CERCLA.

"Interest," in accordance with 42 U.S.C. ! 9607(a), shall mean interest at the rate

specified for interest on investments of the Hazardous Substance Superfund established

pursuant to the Internal Revenue Code, 26 U.S.C. § 9507. In calculating the Interest EPA

may compound on a daily, monthly or annual basis. This definition does not apply to

Subparagraphs 7.a.i, 7.b.i, 7.c, S.a.i and 11 .d.i, 11 .g.

"Lazy Lane Corp." shall mean Lazy Lane Corporation,a Connecticut corporation, whose

shares of common stock are owned by SRSNE.

"Lazy Lane Property" shall mean that property located to the east of the SRSNE facility

as described in the metes and bounds description from the Quitclaim Deed, as set forth in

Appendix A.

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•National Contingency Plan* shall mean the National Oil and Hazardous Substance's

Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. §

9605, codified at 40 C.F.R. Part 300, including but not limited to any amendments thereto.

"1990 Complaint" shall mean the complaint filed by the United States, on behalf of

EPA, in this matter on July 23, 1990. U.S. v. Solvents Recovery Service of New England.

lnc..etal.. Civ. No. H-90-598 (JAC).

" 1983 Consent Decree" shall mean the Consent Decree entered in U.S. v. Solvents

Recovery Service of New England. Inc.. Civ. No. H-79-704 (JAC), on February 23, 1983.

"Paragraph" shall mean a portion of this Consent Decree identified by an arable

numeral.

"Parties" shall mean the United States, the State of Connecticut, and Settling

Defendants.

"Past Response Costs" shall mean all costs, including, but not limited to, direct and

indirect costs that EPA, the U.S. Department of Justice on behalf of EPA, and the State have

incurred or paid for response actions at the Site prior to the date that Settling Defendants sign

this Decree, and accrued Interest, as defined by Paragraph 3, on such costs.

"RCRA" shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. Si 6901 fil

Sfifl. (also known as the Resource Conservation and Recovery Act).

"Record of Decision" or "ROD" shall mean any EPA Record of Decision relating to the

Site signed in the future by the Regional Administrator, EPA Region I, and all attachments

thereto.

"Remedial Action" shall mean the response actions at the Site set forth in the Record

of Decision.

"Response Costs" shall mean all costs, including, but not limited to, direct and indirect

costs, that EPA, the U.S. Department of Justice on behalf of EPA, and the State have incurred

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or may incur for response actions at the Site and accrued Interest, as defined by Paragraph

3, on such costs.

•Safety Kleen Corp." shall mean Safety Kleen Corporation, a Wisconsin corporation.

"Section" shall mean a portion of this Consent Decree identified by a roman numeral.

"Settling Defendants" shall mean Solvents Recovery Service of New England, Inc.,

SRS, Inc., Carieton H. Boll and the heirs and successors of Carleton Boll, to the extent that

their liability, if any, arises from Boll's actions. Settling Defendants shall not include the State

or the CTDEP.

"Site" shall mean the SRSNE Superfund Site, comprising approximately forty-five (45)

acres, and including portions of the Southington Property and the Lazy Lane Property where

Waste Material has been deposited, stored, disposed of or placed or otherwise come to be

located. The Site also includes the areal extent of contamination and all other areas necessary

for implementation of response action.

"SK Escrow Account" shall mean the escrow account established pursuant to the SK

Escrow Agreement.

"SK Escrow Agreement" shall mean the escrow agreement entered into on January 26,

1989 between Carleton Boll, James Hulm, Safety Kleen Corp. and United Jersey Bank.

"Southington Property" shall mean that property described in the metes and bounds

description from the Quitclaim Deed, as set forth in Appendix B.

"State" shall mean the State of Connecticut, including any department, agency, or

instrumentality of the State of Connecticut.

"State Response Costs" shall mean all costs, including but not limited to direct and

indirect costs together with accrued interest, that the State of Connecticut has incurred or will

incur in response to the release or threatened release of hazardous substances at or in

connection with the Site, but not including amounts reimbursed to the State by EPA.

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"Subparagraph" shall meana portion of this Consent Decree identified by a lower-case

letter.

•United States" shall mean the United States of America, including any department,

agency, or instrumentality of the United States.

"Waste Material" shall mean (1) any "hazardous substance" within the meaning of

Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (2) any pollutant or contaminant under

Section 101 (33) of CERCLA, 42 U.S.C. § 9601 (33); and (3) any "solid waste" under Section

1004(27) of RCRA, 42 U.S.C. ! 6903(27).

V. PAYMENT OF RESPONSE COSTS AND NATURAL RESOURCE DAMAGES

4. Settling Defendants shall reimburse the United States for Response Costs and

Natural Resource Damages and the State for State Response Costs, pursuant to 42 U.S.C.

§ 9607, as provided below. Except as provided in Paragraph 7(a) and 7(b), all payments

made under this Section shall be allocated as payment of Future Response Costs.

5. Except as otherwise stated, all payments required under this Section shall be

made by Electronic Funds Transfer ("EFT" or wire transfer) to the U.S. Department of Justice

lockbox bank, referencing the EPA Region and Spill ID No. 01-08, the U.S.A.O. file No. 900

1124, and DOJ Case No. 90-7-1-23A. Payment shall be made in accordance with

instructions provided by the Plaintiff to the Settling Defendants upon execution of the Consent

Decree. EFTs must be received at the U.S. D.O.J. lockbox bank by 11:00 A.M. (Eastern

Time) in order to be credited on that day. Settling Defendants shall send written notice of the

EFT to the United States as provided in Section XIII (Notices and Submissions).

6. Escrow Accounts for Cash Payments.

a. Within 45 days after the Consent Decree has been signed by Settling

Defendants, Settling Defendants shall establish an interest-bearing escrow account in a bank

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duly chartered in the State of New Jersey (the "Cash Escrow Account") and shall remit to the

Cash Escrow Account funds in the amount of$270,000.

b. Within 45 days after the Consent Decree has been signed by Settling

Defendants, Settling Defendants shall establish an escrow account in a stock brokerage firm

located in the State of New Jersey and shall remit to that escrow account 26,070 shares of

Safety Kleen stock (the "Stock Escrow Account"). All income earned on or stock derived

from the stock in the Stock Escrow Account, including, without limitation, cash dividends,

stock dividends, or stock splits, must be paid into or remitted to the Stock Escrow Account.

c. Settling Defendants shall select an escrow agent for the Cash and Stock

Escrow Accounts and may make any change to such selection at any time. The selection and

any change thereto shall be subject to EPA's prior written approval. In the event that EPA

disapproves or withdraws its approval of Settling Defendants' selection, Settling Defendants

shall select another agent for the Escrow Accounts. Counsel for the Settling Defendants,

James Stewart, may serve as escrow agent for the Cash and Stock Escrow Accounts. The

terms of any escrow agreement with respect to the Cash and Stock Escrow Accounts shall

be subject to the United States' prior written approval.

d. Copies of the documents establishing and funding the escrow accounts,

together with information containing the identities of the bank and of the escrow agent, the

bank account under which the Cash and Stock Escrow Accounts are established, and a bank

statement or deposit slip showing the initial balances of the Escrow Accounts shall be sent

to the United States as provided in Section XIII (Notices and Submissions).

e. All funds paid into or stock placed in the Escrow Accounts by Settling

Defendants shall remain in escrow and may not be withdrawn by any person except to make

the payments required by Paragraphs 7 and 8 of this Decree, unless the United States does

not approve the Consent Decree or the Court determines that entry of this Consent Decree

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is not in the public interest and declines to enter it as an order. If the United States does not

approve the Consent Decree or the Court decides not to enter the Consent Decree, all sums

and stock in the Escrow Accounts shall be returned to Settling Defendants, together with any

accrued income thereon, including without limitation, interest or dividends.

f. In the event the amount in the Cash Escrow Account does not equal or

exceed as of the effective date of this Decree the sum(s) originally placed in the account, the

Settling Defendants agree to deposit in the Cash Escrow Account, prior to making the

payments required by Paragraphs 7 and 8, an amount of money sufficient to make up any

shortfall.

g. Within 20 days of receipt of notification from the United States that the

Consent Decree has been entered by the Court, Settling Defendants shall, through the escrow

agent, either:

i. liquidate all shares of Safety Kleen stock in the Stock Escrow

Account; or

ii. replace the shares in the Stock Escrow Account with cash

equivalent to the market value of the shares as of the 20th day after receipt of

notification that the Consent Decree has been entered by the Court.

7. Payment to the United States.

a. Within 30 days of receipt of notification from the United States that the


agent, remit to the United States as payment for natural resource damages:

i. $16,287, plus interest accrued thereon from the date of the

establishment of the Escrow Account, to the date that payment is made;

ii. The payment required under this subparagraph shall be paid by

certified check made payable to the Secretary of the Interior, shall be mailed to

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Chief, Division of Finance U.S. Fish and Wildlife Service 4401 North Fairfax Drive Arlington, Virginia 22203

with a copy to:

Mark Barash Office of the Regional Solicitor United States Department of Interior One Gateway Center, Suite 612 Newton Corner, Massachusetts 02158-2868

and shall reference that the payment is for natural resource damages for resources under the

trusteeship of the Department of the Interior ("DOD with respect to the SRSNE Superfund

Site. A copy of the check paid pursuant to this paragraph, and any accompanying transmittal

letter, shall be sent to the United States as provided in Section XIII (Notices and Submissions),

b. Within 30 days of receipt of notification from the United States that the


agent, remit to the United States as reimbursement for Past Response Costs:

i. $175,713 plus interest accrued thereon from the date of the

establishment of the Escrow Account, to the date that payment is made;

ii. the cash equivalent of the market value of 20,856 shares of

Safety Kleen Corp. stock, without any reduction for sales fees or taxes, as of the 20th

day after receipt of notification that the Consent Decree has been entered by the

Court; and

iii. all income, including, without limitation, dividends, without any

reduction for taxes, accrued on the 20,856 shares of Safety Kleen Corp. stock from

the date of the establishment of the Stock Escrow Account to the date that payment

is made.

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c. By the later of December 1,1994, or 30 days of receipt of notification

from the United States that the Consent Decree has been entered by the Court, Settling

Defendants shall, through the escrow agent, remit to the United States as reimbursement for

Past Response Costs, $24,000, less those expenses incurred by SRSNE between

November 1, 1992 and October 1, 1994 in connection with the operation of the On-Site

System not reimbursed pursuant to Paragraph 12.b.i, below, plus interest accrued thereon

from the date of the establishment of the Escrow Account, to the date that payment is made.

The payment made to the United States shall be accompanied by a report including the

following information: (1) the amount and date of incurrence of all expenses associated with

the operation of the On-Site System, which are being deducted from the $24,000 placed in

escrow.

d. For purposes of Subparagraphs 7(a), 7(b)(i), 7(c)and 8(a)(i), interest shall

mean interest at the rate agreed upon by the parties or specified under the terms of the

escrow agreement with respect to the Escrow Account.

8. Payment to the State.

a. Within 30 days of receipt of notification from the United States that the


agent, remit to the State:

i. $54,000, plus interest accrued thereon from the date of the

establishment of the Cash Escrow Account, to the date that payment is made;

ii. the cash equivalent of the market value of 5,214 shares of Safety

Kleen Corp. stock, without any reduction for sales fees or taxes, as of the 20th day

after receipt of notification that the Consent Decree has been entered by the Court;

and

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Hi. all income, including, without limitation, dividends, without any

reduction for taxes, accrued on the 5,214 shares of Safety Kleen Corp. stock from the

date of the establishment of the Stock Escrow Account to the date that payment is

made.

b. The payment required under this paragraph shall be paid by certified

check made payable to Treasurer, State of Connecticut, shall be mailed to Richard F. Webb,

Assistant Attorney General, 55 Elm Street, Hartford, Connecticut 06106 and shall reference

that the payment is reimbursement for response costs pursuant to Conn. Gen. State, i 22a

133g and § 22a-451. A copy of the check paid pursuant to this paragraph, and any

accompanying transmittal letter, shall be sent to the United States as provided in Section XIII

(Notices and Submissions).

9. The Ottati & Goss Site Trust.

a. Settling Defendant SRSNE is a residual beneficiary of a trust known as

the Ottati & Goss Site Trust ("O&G Site Trust") which is to be used by SRSNE should EPA

assert reopener liability at the Ottati and Goss Site under the provisions of the Consent Decree

entered into in U.S. v. Ottati & GossT^eTTet al.. Civ. No. 80-225-L (D.N.H.). Settling

Defendants warrant that the O&G Site Trust has a value of no less than $369,970 as of the

date this Consent Decree is signed by Settling Defendants. To the extent that any

distributions of funds in the O&G Site Trust are made to SRSNE pursuant to the O&G Site

Trust Agreement, 100% of the amount of such distributions shall be paid to the United

States.


Consent Decree has been entered by the Court, SRSNE shall execute, and shall cause all

parties to the O&G Site Trust Agreement-^ execute, an Amendment to the O&G Site Trust

Agreement providing that 100% of any distribution from the O&G Site Trust and otherwise

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payable to SRSNE under the terms of the O&G Site Trust Agreement shall instead be paid to

the United States. The terms of the Amendment to the O&G Site Trust Agreement shall be

subject to the United States' prior written approval. No further amendment which may

adversely affect the United States' interests in any distributions from the O&G Site Trust,

except for amendments regarding the treatment of the Trust for income tax purposes not

otherwise requiring the United States' approval, shall be made to the Ottati & Goss Site Trust

Agreement without the United States' prior written approval.

c. Settling Defendants shall submit to EPA reports summarizing all activity

regarding the O&G Site Trust including, without limitation: (1) a statement as to the amount

of assets in the Trust; (2) a list of any and all claims made against the assets in the Trust;

(3) a description of the status of all negotiations regarding claims made against the Trust;

(4) a description of all past and any proposed dispositions of any claims made against the

Trust; and (4) a listing of all payments made or to be made from the Trust and an explanation

for each such payment. These reports shall be submitted to EPA within 30 days of receipt

by Settling Defendants of any claim against the assets in the O&G Site Trust, and at least

30 days prior to settling any such claim, and shall be sent to EPA as provided in Section XIII

(Notices and Submissions).

10. Safety Kleen Corp. Escrow Account

a. On January 26, 1989, in connection with the sale of the stock of

Solvents Recovery Service of New Jersey, Inc. to Safety Kleen Corp., James Hulm and

Settling Defendant Carleton Boll established the SK Escrow Account which was funded with

139,165 shares of SafetyXleen stock. 132,207 of such shares of Safety Kleen Corp. stock

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were attributable to Settling Defendant Carleton Boll and were placed in the "Boll Escrow"

sub-account of the SK Escrow Account. As a result of a stock split, there are now 197,541

shares of Safety Kleen stock in the "Boll Escrow" sub-account of the SK Escrow Account.

Pursuant to Paragraph 5(b) of the SK Escrow Agreement, Settling Defendant Carleton Boll will

receive on January 25, 1994, all funds in the "Boll-Escrow" sub-account of the SK Escrow

Account with respect to which there is no Indemnification Claim (as defined in the SK Escrow

Agreement) by Safety Kleen Corp. Pursuant to Paragraph 5(c) of the SK Escrow Agreement,

Settling Defendant Carleton Boll may receive additional funds from the "Boll-Escrow" sub-

account of the SK Escrow Account pursuant to the resolution of any Indemnification Claim.

A copy of the SK Escrow Agreement is annexed hereto as Appendix C.

b. Any income earned on the assets in the "Boll Escrow" subaccount of

the SK Escrow Account shall be disbursed to Boll.

c. To the extent that any distribution of Safety Kleen stock in the SK

Escrow Account is to be made to Carleton Boll pursuant to the provisions of Paragraphs 5(b)

and 5(c) of the SK Escrow Agreement, 46.2% of the market value of any shares released

from escrow (without any reductions, including, without limitation, reductions for brokerage

fees and taxes) shall be paid to the United States. To the extent that any shares of Safety

Kleen stock in the SK Escrow Account are sold pursuant to Paragraphs 2(b) and 5(e) of the

SK Escrow Agreement before being released from escrow, 70% of the amount of any

proceeds shall be paid to the United States, upon release from escrow. The United States

shall not be entitled to receive any amounts released from escrow pursuant to Paragraph 5(e)

of the Escrow Agreement to reimburse Boll for taxes triggered by the sale of shares in escrow.

However, nothing in this decree shall be construed as relieving Mr. Boll of any tax obligations

related to the sale of shares in escrow. Within 30 days of receipt of notification from the

United States that the Consent Decree has been entered by the Court, Carleton Boll shall

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execute, and shall cause all parties to the SK Escrow Agreement to execute an Amendment

to the SK Escrow Agreement providing that 70% of any cash distribution from the SK Escrow

Account otherwise payable to Carleton Boll under the terms of the SK-Escrow Agreement

shall instead be paid to the United States. The terms of the Amendment to the SK Escrow

Agreement shall be subject to the United States' prior written approval.

d. Settling Defendants shall submit to EPA reports summarizing all activity

regarding the SK Escrow Account and SK Escrow Agreement, including, but not limited to:

(Da description of each claim made by Safety Kleen Corp. against the assets in the SK

Escrow Account; (2) a description of the status of all negotiations between Carleton Boll and

Safety Kleen Corp. regarding the SK Escrow Account; (3) a description of all past or any

proposed dispositions of any claims by Safety Kleen Corp.; and (4) a listing of all payments

made or proposed to be made from the SK Escrow Account and an explanation for each such

payment. These reports shall be submitted to EPA within 30 days of receipt by Settling

Defendants of any claim against the SK Escrow Account and at least 30 days prior to settling

any such claim with assets of the SK Escrow Account, and shall be sent to EPA as provided

in Section XIII (Notices and Submissions).

e. Settling Defendants covenant that neither they, nor their heirs,

executors, administrators, personal representatives, employers, successors or assigns will

initiate any action, suit, claim, proceeding, investigation, audit, demand, or assessment

against Safety Kleen Corp. with respect to the SRSNE Site. To the extent that any

distribution is made from the SK Escrow Account to Safety Kleen Corp. pursuant to Paragraph

5(a) of the SK Escrow Agreement with regard to any claim asserted by or on behalf of any

of the Settling Defendants with respect to the SRSNE Site, Carleton Boll shall pay to the

United States a sum in an amount equal to such distribution from the SK Escrow Account.

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Replacement Page Pursuant to First Modification to Consent Decree

f. Settling Defendants covenant that they will in good faith evaluate all

claims for indemnification by Safety Kleen Corp. against the funds in the SK Escrow Account

and contest those claims that they deem in good faith to be without basis.

11. Additional Payments Upon Entry of Decree.

A. Within thirty days of receipt of notification from the United States that

the Consent Decree has been entered by the Court, Carleton Boll shall: remit to the United

States, as reimbursement for Past Response Costs, cash equivalent to the safe proceeds, net

of reasonable sales fees and 34% for taxes on the sale of 25,000 shares of Safety Kleen

Corp. stock, based on the share value as of 20 days from the date Boll receives notice that

the Consent Decree has been entered by the Court.

This space has been intentionally left blank.

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12. Contingent Assets

a. Boll Medical Malpractice Claim. Settling Defendant Carleton Boll is the

plaintiff in a civil action based on alleged medical malpractice, which is captioned Carleton H.

Boll v. Dean Davies. M.D.. Superior Court New Jersey, Monmouth County Law Division,

Docket No. L-7597-91.

1. Settling Defendants shall notify the United States of any

settlement offers with respect to the medical malpractice claim. Settling Defendant

Boll shall not accept any settlement offer that is unreasonable.

2. Within 30 days of receipt by Settling Defendant Boll of any

monies from the defendant or any insurance company pursuant to any judgment or

settlement in the medical malpractice claims. Settling Defendant Boll shall pay to the

United States 25% of the net sum received after deducting reasonable attorney's fees

and expenses incurred as a result of such medical malpractice claim.

3. The payment made to the United States shall be accompanied by

a report including the following information: (Dthe amount of monies received

pursuant to such judgment or other resolution of the medical malpractice claim; (2) the

attorney's fees and expenses that have been deducted from such monies in calculating

the amount payable to the United States; and (3) a description of how such attorney's

fees and expenses were related to the medical malpractice claim.

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b. Payments to SRSNE bv Northeast Chemical Corp. Settling Defendant

SRSNE has received payments and may continue to receive payments from Northeast

Chemical Corporation ("NEC") in consideration of SRSNE's transfer to NEC of SRSNE's

customer list.

i. Settling Defendants shall pay to the United States a sum equal

to 75% of any monies received by SRSNE from NEC, after deducting the expenses

incurred by SRSNE between November 1, 1992 and October 1, 1994 in connection

with the operation of the On-Site System. The amounts payable to the United States

under this subparagraph shall be due on the later of December 1, 1994 or 30 days of

receipt of notice that the Decree has been entered by the Court.

ii. The payment made to the United States shall be accompanied by

a report including the following information: (1) the amount and date of all payments

made by NEC during the previous year; and (2) the amount and date of incurrence of

all expenses associated with the operation of the on-site system, which are being

deducted from the monies received from NEC.

13. Insurance Policies Relating to the Site.

a. Settling Defendants at various times have obtained comprehensive

general liability insurance policies which may cover property damage, environmental

impairment, natural resource damages and/or response costs resulting from the conditions or

occurrences with respect to the Site. A list of such insurance policies is annexed hereto as

Appendix E. In the event that Settling Defendants initiate or become a party to any litigation

under any of these insurance policies with respect to the Site ("Site-Related Claims"), the

following obligations shall apply:

b. On a quarterly basis, beginning on the first day of the first quarter after

the effective date of this Consent Decree, Settling Defendants shall submit to the United

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States a report summarizing all activity with respect to each Site-Related Claim. The report

shall include: (Da description of each pending Site-Related Claim; (2) a description of all

activities conducted during the previous quarter in prosecuting each Site-Related Claim; (3)

a statement of the status of any settlement negotiations; and (4) an estimate of the time

remaining to judgment or other resolution of the claim.

c. Settling Defendants shall notify the United States of any settlement

offers with respect to any Site-Related Claim. Settling Defendants shall not accept any

settlement offer that is unreasonable. The United States shall have the right to object to

Settling Defendants' acceptance or rejection of any settlement offer regarding a Site-Related

Claim.

d. Within 30 days of receipt by Settling Defendants of any monies from any

insurance company pursuant to any judgment or settlement in any of the Site-Related Claims,

or in connection with any other claim, case or matter under any insurance policies for property

damage, environmental impairment, natural resource damages, or response costs at the Site,

Settling Defendants shall pay to the United States 75% of the net sum received after

deducting reasonable attorney's fees and expenses incurred as a result of such Site-Related

Claims.

e. Each payment made to the United States shall be accompanied by a

report including the following information: (1) the amount of monies received pursuant to any

judgment or other resolution in any Site-Related Claim; (2) the attorney's fees and expenses

that have been deducted from such monies in calculating the amount payable to the United

States; and (3) a description of how such attorney's fees and expenses were related to the

Site-Related Claim.

14. Dispute Resolution Procedures. Any dispute which arises under or with respect

to this Consent Decree, including without limitation, whether any settlement of

- 2 2


any Site-Related Claim is reasonable, shall in the first instance be the subject of informal «w

negotiations between the parties to the dispute. If the dispute is not resolved informally

within 30 days, or within a longer period if the parties mutually agree in writing, then EPA

may move this Court to enforce this Consent Decree, for contempt or for other relief. In any

such dispute. Settling Defendants shall bear the burden of proving, by a preponderance of the

evidence, that the position advanced by Settling Defendants is correct.

VI. FAILURE TO MAKE TIMELY PAYMENTS

15. Interest on Late Payments. In the event that any payment[s] required by Section

V is not made when due, Interest, as defined in Paragraph 3, shall continue to accrue on the

unpaid balance, through the date of payment.

16. Stipulated Penalty. If any amounts due to the United States or the State under

this Consent Decree are not paid by the required date, the Settling Defendants shall pay as

a stipulated penalty, in addition to the Interest required by Paragraph 15, of $1,000 per day

that each such payment is late. Stipulated penalties are due and payable within 30 days of

the date such penalties begin to accrue. Separate stipulated penalties may accrue

simultaneously regarding the payment to the United States and the payment to the State. The

stipulated penalties related to the payment to the United States shall be paid as provided in

Paragraph 5. The stipulated penalties related to the payment to the State shall be paid as

provided in Subparagraph 8.b.

17. If the United States or the State brings an action to collect any payment required

by this Consent Decree, the Settling Defendants shall reimburse the United States and the

State for all costs of such action, including but not limited to costs incurred and attorney's

fees.

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18. Payments made under Paragraphs 15,16 and 17 shall be in addition to any other

remedies or sanctions available to the United-States by virtue of Settling Defendants' failure

to make timely payments required by this Decree.

19. The obligations of the Settling Defendants to pay amounts owed the United

States and the State under this Consent Decree are joint and several. In the event of the

failure of any one or more Settling Defendants to make the payments required under this

Consent Decree, the remaining defendants shall be responsible for such payments.

VII. COVENANTS NOT TO SUE BY UNITED STATES AND THE STATE

20. Covenant Not to Sue bv United States. In consideration of the actions that will

be performed and the payments that will be made by the Settling Defendants under the terms

of the Consent Decree, and except as specifically provided in Paragraphs 22 through 25, the

United States covenants not to sue or to take any civil or administrative action (1) against

SRSNE and SRS for injunctive relief, stipulated penalties, or penalties for civil contempt under

the 1983 Consent Decree; (2) against SRSNE and SRS for injunctive relief and civil penalties

for those violations alleged in the 1990 Complaint of Sections 3004{d)(l), 3004(e){1),

3004(g)(5), 3005(a), 3008(a), and 3008(g) of RCRA, 42 U.S.C. §§ 6924(d)(1), 6924(e)(1),

6924(g)(5), 6925(a), 6928(a), and 6928(g), pursuant to RCRA Permit No. CTD009717604

and the HSWA permit issued to SRSNE by EPA in April, 1986; and (3) against Settling

Defendants for reimbursement of response costs and natural resource damages for resources

under trusteeship of National Oceanic and Atmospheric Administration ("NOAA") and the DOI

incurred or to be incurred at the Site pursuant to Section 107(a) of CERCLA, 42 U.S.C.

§ 107(a). Except with respect to future liability for response costs and natural resource

damages, these covenants not to sue shall take effect upon Settling Defendants' performance

of the obligations required by Paragraphs 6 and 7 and Subparagraphs 9.b, 10.c, 11 .g, 12.a.ii

and 12.b.i. With respect to future liability for response costs and natural resource damages,

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these covenants not to sue shall take effect upon Certification of Completion of the Remedial

Action by EPA. These covenants not to sue are conditioned upon the covenants of the

Settling Defendants as set forth in this Consent Decree and upon the complete and

satisfactory performance by Settling Defendants of their obligations under this Consent

Decree. These covenants not to sue extend only to the Settling Defendants and do not

extend to any other person.

21. Covenant Not to Sue bv the State. In consideration of the actions that will be

performed and the payments that will be made by the Settling Defendants under the terms

of the Consent Decree, and except as specifically provided in Paragraphs 22 through 25, the

State covenants not to sue or to take any civil or administrative action against Settling

Defendants for reimbursement of response costs incurred or to be incurred at the Site

pursuant to Section 107(a) of CERCLA, 42 U.S.C. % 107(a), and Conn. Gen. Stat. §§ 22a

133a to 22a-133j and Conn. Gen. Stat. § 22a-451. Except with respect to liability for

response costs incurred after the entry of this Decree, these covenants not to sue shall take

effect upon Settling Defendants' performance of the obligations required by Paragraphs 6 and

8 and Subparagraphs 9.b, 10.c, 11 .g, 12.a.ii and 12.b.i. With respect to liability for response

costs incurred after the entry of this Decree, these covenants not to sue shall take effect upon

Certification of Completion of the Remedial Action by EPA. These covenants not to sue are

conditioned upon the covenants of the Settling Defendants as set forth in this Consent Decree

and upon the complete and satisfactory performance by Settling Defendants of their

obligations under this Consent Decree. These covenants not to sue extend only to the

Settling Defendants and do not extend to any other person.

22. Pre-certification reservations.

a. Notwithstanding any other provision of this Consent Decree, the United

States, and the State if pursuing Response Actions jointly with the United States, reserve, and

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L

this Consent Decree is without prejudice to, the right to institute proceedings in this action i

or in a new action, or to issue an administrative order seeking to compel Settling Defendants

(1) to perform further response actions relating to the Site or (2) to reimburse the United

States and the State for additional costs of response if, prior to Certification of Completion

of the Remedial Action:

i. conditions at the Site, previously unknown to EPA, are

discovered, or

ii. information, previously unknown to EPA, is received, in whole or

in part,

and the EPA Administrator or his or her delegate determines that these previously unknown

conditions or information together with any other relevant information indicates that the

Remedial Action is not protective of human health or the environment.

b. For purposes of this Paragraph, the information and the conditions known

to EPA shall include only that information and those conditions known to EPA as of the date

of lodging of this Decree.

23. Post-certification reservations.

a. Notwithstanding any other provision of this Consent Decree, the United

States, and the State if pursuing Response Actions jointly with the United States, reserve, and

this Consent Decree is without prejudice to, the right to institute proceedings in this action

or in a new action, or to issue an administrative order seeking to compel Settling Defendants

(1) to perform further response actions relating to the Site or (2) to reimburse the United

States or the State for additional costs of response if, subsequent to Certification of

Completion of the Remedial Action:

i. conditions at the Site, previously unknown to EPA, are

discovered, or

-26

ii. information, previously unknown to EPA, is received, in whole or

in part,

and the EPA Administrator or his or her delegate determines that these previously unknown

conditions or this information together with other relevant information indicate that the

Remedial Action is not protective of human health or the environment.

b. For purposes of this Paragraph, the information and the conditions known

to EPA shall be comprised of the Record of Decision ("ROD") for the Site, the EPA

Administrative Record supporting the ROD, and any documents or information generated or

received by EPA for inclusion in the post-ROD record compiled by EPA pursuant to the NCP

on or before the date of Certification of Completion of the Remedial Action.

24. Reservations concerning natural resource iniurv. Notwithstanding any other

provision of this Decree, the United States, on behalf of its natural resource trustees, reserves

the right to institute proceedings against Settling Defendants in this action or in a new action

seeking recovery of Natural Resource Damages, based on (1) conditions with respect to the

Site, unknown to the United States at the date of lodging of this Decree, that result in

releases of hazardous substances that contribute to injury to, destruction of, or loss of natural

resources, or (2) information received after the date of lodging of the Decree which indicates

that there is injury to, destruction of, or loss of natural resources, of a type that was

unknown, or of a magnitude substantially greater than was known to the United States at the

date of lodging of this Decree.

25. General reservations of rights. The covenants not to sue set forth in this Section

do not pertain to any matters other than those expressly specified in Paragraphs 20 and 21.

The United States and the State reserve, and this Consent Decree is without prejudice to, all

rights against Settling Defendants as to other matters, including but not limited to, the

following:

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a. claims based on a failure by Settling Defendants to meet a requirement

of this Consent Decree;

b. liability arising from the past, present, or future-disposal, release, or

threat of release of Waste Materials outside of the Site;

c. liability for damages for injury to, destruction of, or loss of natural

resources under the trusteeship of the CTDEP, including the reasonable costs of assessing

such injury, destruction, or loss resulting from a release;

d.' criminal liability; and

e. liability, if any, for violations of Sections 3004(d)(1), 3004(e)(1),

3004(g)(5), 3005(a), 3008(a), and 3008(g) of RCRA, 42 U.S.C. SS 6924(d)<1), 6924(e)(1),

6924(g)(5), 6925(a), 6928(a), and 6928(g), pursuant to RCRA Permit No. CTD009717604

and the HSWA permit issued to SRSNE by EPA in April, 1986 that may occur in connection

with the Site after the date that Settling Defendants sign the Decree.

f. liability, if any, for other violations of federal or State law.

VIII. COVENANTS BY SETTLING DEFENDANTS

26. Settling Defendants hereby covenant not to sue and agree not to assert any

claims or causes of action against the United States or the State with respect to the Site or

this Consent Decree, including, but not limited to, any direct or indirect claim for

reimbursement from the Hazardous Substance Superfund (established pursuant to the Internal

Revenue Code, 26 U.S.C. § 9507), under Sections 106(b)(2). 107, 111, 112, or 113 of

CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611 or 9613, or any other provision of law; any

claim against the United States or the State pursuant to CERCLA Sections 107 and 113

related to the Site; any claim under the Tucker Act, 28 U.S.C. § 1491, or common law,

arising out of or relating to access to, institutional controls on or response activities

undertaken at the Site; or any other claims arising out of response activities at the Site.

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Nothing in this Consent Decree shall be deemed to constitute preauthorization of a claim

within the meaning of Section 111 of GERCLA, 42 U.S.C. § 9611, or 40 C.F.R.

§ 300.700(d).

27. Each Settling Defendant hereby certifies, individually and under penalty of

perjury, that it has not altered, mutilated, discarded, destroyed or otherwise disposed of any

records, documents, or other information relating to its potential liability regarding the Site

since notification of potential liability by the United States or the filing of suit against it

regarding the Site and that it has fully complied with any and all EPA requests for information

pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. % 9604(e) and 9622(e), and

Section 3007 of RCRA, 42 U.S.C. § 6927, and that, to the best of its knowledge and belief,

it has fully and accurately disclosed to the United States all information which is currently in

its possession and in the possession of its agents and which relates in any material way to

its finances and/or its ability to pay response costs in this matter. The United States

expressly conditions its consent to this Decree and its covenant not to sue on the accuracy

of the foregoing representations. If the United States at any time determines that any such

information is materially false or incomplete, this Decree, including the Covenants not to Sue

provided under Section VII, are null and void.

IX. EFFECT OF SETTLEMENT; CONTRIBUTION PROTECTION

28. Nothing in this Consent Decree shall be construed to create any rights in, or grant

any cause of action to, any person not a party to this Consent Decree. Each of the Parties

expressly reserves any and all rights (including, but not limited to, any right to contribution),

defenses, claims, demands, and causes of action which each party may have with respect to

any matter, transaction, or occurrence relating in any way to the Site against any person not

a party hereto.

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29. With regard to claims for contribution against Settling Defendants for matters

expressly specified in Paragraph 20, the Parties hereto agree that the Settling Defendants are

entitled to such protection from contribution actions or claims as is provided by CERCLA

Section 113(f)(2), 42 U.S.C. § 9613(f)(2).

30. Settling Defendants agree that with respect to any suit or claim for contribution

brought by them for matters related to this Consent Decree they will notify the United States

and the State in writing no later than 60 days prior to the initiation of such suit or claim.

Settling Defendants also agree that with respect to any suit or claim for contribution brought

against them for matters related to this Consent Decree they will notify in writing the United

States and the State within 10 days of service of the complaint on them. In addition, Settling

Defendants shall notify the United States and the State within 10 days of service or receipt

of any Motion for Summary Judgment and within 10 days of receipt of any order from a court

setting a case for trial for matters related to this Consent Decree.

31. In any subsequent administrative or judicial proceeding initiated by the United

States or the State for injunctive relief, recovery of response costs, or other appropriate relief

relating to the Site, Settling Defendants shall not assert, and may not maintain, any defense

or claim based upon the principles of waiver, resiudicata. collateral estoppel, issue preclusion,

claim-splitting, or other defenses based upon any contention that the claims raised by the

United States or the State in the subsequent proceeding were or should have been brought

in the instant case; provided, however, that nothing in this Paragraph affects the

enforceability of the covenants not to sue set forth in Section VII (Covenants Not to Sue by

the United States and the State).

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X. SOUTHINGTON AND LAZY LANE PROPERTIES

32. Control of Southinoton and Lazy Lane Properties bv a Voting Trust.

a. Settling Defendant SRSNE is the owner of the Southington Property and

Lazy Lane Corp. is the owner of the Lazy Lane Property. Lazy Lane Corp. is a wholly

subsidiary of SRSNE, and the Lazy Lane Corp. stock may not be transferred without the prior

written authorization of EPA.


Consent Decree has been entered by the Court, Settling Defendants shall (i) establish a trust

for the purpose of owning and voting the stock of SRSNE (hereinafter "Voting Trust"), and

(ii) transfer to the Voting Trust all of the stock of SRSNE. The SRSNE stock may be

transferred out of or otherwise distributed by the Voting Trust only with the prior written

approval of EPA, and the Voting Trust shall remain in full force and effect unless and until it

is renewed, terminates pursuant to its terms or is earlier terminated with the prior written

approval of EPA. Settling Defendants shall timely renew the Voting Trust Agreement pursuant

to applicable law unless EPA issues its Certificate of Completion prior to the deadline for such

renewal. Settling Defendants shall also notify EPA within 30 days of any change in the

beneficial ownership or possession of the stock of SRSNE.

c. Settling Defendants hereby designate Carleton H. Boll, Jr. as the initial

trustee for the Voting Trust. Any change in the selection of the trustee(s) for the Voting Trust

shall be subject to the terms of the Voting Trust agreement and to EPA's prior written

approval. The trustee(s) shall comply with all of the terms of this Consent Decree and shall

have other rights, responsibilities and authorities as are specified in the agreement for the

Voting Trust. The agreement regarding the Voting Trust is attached hereto as Appendix F.

d. Within 45 days of receipt of notification from the United States that the

Consent Decree has been entered by the Court, Settling Defendants shall cause to be recorded

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r-

in the chain of title to the Southington and Lazy Lane Properties a notice setting forth the

covenants, easements and restrictions contained in Paragraphs 33 through 37, hereof, so as

to cause said covenants, easements and restrictions to be binding as of record with respect

to the Southington and Lazy Lane Properties and, as such, to run with the land so as to bind

all successors in title to said property.

e. Copies of the documents establishing the Voting Trust, and effecting the

record notice of the aforesaid covenants, easements and restriction in the chain of title to the

Southington and Lazy Lane Properties, together with information regarding the identity,

mailing address, and telephone number of the trustee(s) of the Voting Trust shall be sent to

EPA as provided in Section XIII (Notices and Submissions).

33. Access to Site and Southinoton and Lazv Lane Properties.

a. Commencing as of the date that the Settling Defendants sign this

Consent Decree, the Settling Defendants shall provide, and shall cause Lazy Lane Corp. to

provide: (1) the United States, and its representatives, including EPA, (2) the State and its

representatives, including the CTDEP, and (3) arty person who performs any selected response

action pursuant to an administrative order issued by EPA, or pursuant to a judicial order, as

well as all employees, agents, contractors, and representatives of such persons, full and

unfettered access at all times to the Site, the Southington and Lazy Lane Properties and any

other property owned or controlled by Settling Defendants to which access is required for the

implementation of any response action at or near the Site, and for the purposes of conducting

any activity related to any such response action including, without limitation:

i. Conducting or monitoring the response action;

ii. Verifying any data or information submitted to the United States;

iii. Conducting investigations relating to contamination at or near the

Site;

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iv. Obtaining samples; and

v. Assessing the need .for, planning, or implementing response

actions at or near the Site.

b. The United States agrees that with regard to any entities that it requires

to obtain liability insurance relating to response activities to be performed at the Site, it will

require such entities to include the owner(s) of the Southington and Lazy Lane Properties as

additional named insureds on any such insurance.

34. Non-interference with the Response Actions. Settling Defendants, their heirs,

executors, administrators, personal representatives, successors, assigns, affiliates, any person

claiming by, through or under them, and Lazy Lane Corp., shall neither take nor shall cause

to be taken any action(s) which will interfere in any way with the implementation of any

response actions at or near the Site, or the performance of any activity related to any such

response action including, without limitation, those activities listed in sub-paragraphs 33.a.i

through 33.a.v.

35. Easements.

a. The United States, and its representatives, including EPA, the State and

its representatives, including CTDEP, and any person who performs any response action

pursuant to an administrative order issued by EPA, or pursuant to a judicial order, are hereby

granted the right and easement to enter upon the Southington and Lazy Lane Properties with

men, vehicles, machinery and equipment (of every kind and character) in order to implement

any response action(s) at or near the Site, or to perform any activity related to any such

response action(s) including, without limitation, those activities listed in sub-paragraphs 33.a.i

through 33.a.v.

b. Said right and easement shall include, without limiting the scope of the

foregoing, the right to erect fences on and around the Southington and Lazy Lane Properties;

-33

to excavate in, upon and under the Southington and Lazy Lane Properties; to move or remote

soil and/or sediments; to treat and replace sdil and/or sediments; to extract, treat and/or

remove surface water and/or ground water; to reinject surface water or-ground water at one

or more locations; to install, maintain, repair and replace one or more monitoring wells; and

to construct, erect or install and maintain, repair and replace roads, buildings or other

structures, utilities, drainage pipes, ditches, conduits and other improvements of every kind

and character.

c. This right and easement shall be liberally interpreted so as to effect its

remedial purpose of ensuring access to the Southington and Lazy Lane Properties for the

purposes herein set forth.

36. Restrictions Aoainst Use of the Southinqton and Lazv Lane Properties.

a. Except to the extent that the same are part of or associated with

response actions being conducted at or near the Site or are otherwise specifically authorized

in writing by the United States or its representatives, including EPA:

i. No buildings, structures or improvements of any kind or character

shall be erected in, at, upon or under the Southington and Lazy Lane Properties;

ii. No construction or other activity of any kind or character shall be

undertaken, conducted or permitted, or shall be suffered to occur, in, at, upon or under

the Southington and Lazy Lane Properties which will have the effect of penetrating or

disrupting the surface of the Southington and Lazy Lane Properties or otherwise

creating the risk of exposure to the hazardous substances or pollutants or

contaminants affecting the Southington and Lazy Lane Properties; and

iii. No use of any kind or character shall be made of the Southington

and Lazy Lane Properties or portion(s) thereof or of any surface or groundwater(s)

thereon or thereunder.

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b. These restrictions shall be binding upon Settling Defendants, their heirs,

executors, administrators, personal representatives, successors, assigns, affiliates, any person

claiming by, through or under them, and Lazy Lane Corp., until such time as EPA issues its

Certification of Completion with respect to the Site. Settling Defendants shall, and shall

cause Lazy Lane Corp. to execute and deliver such instruments in writing evidencing,

confirming, renewing, extending and continuing such restrictions as EPA or EPA's designee(s)

may request.

37. Transfers and Conveyances of the Southinoton and Lazv Lane Properties.

a. Upon written request by the United States or its representatives,

including EPA, Settling Defendants shall, and shall cause Lazy Lane Corp., to transfer and

convey, or cause to be transferred and conveyed the Southington and Lazy Lane Properties

to either: (i) the United States or its representatives, including EPA; (ii) any person who

performs any response action pursuant to an administrative order issued by EPA, or pursuant

to a judicial order; or (iii) if after certification of completion of the remedy at the Site, to any

other person. The Southington and Lazy Lane Properties shall be transferred and conveyed

together with all buildings, structures and improvements thereon and all rights, right-of-way,

easements, hereditaments and other appurtenances thereto in fee simple, free from mortgages

and other encumbrances (with the exception of those described in the immediately ensuing

paragraph). Said transfer and conveyance shall be subject to, and the deeds effecting same

shall set forth, the covenants, easements and restrictions contained in Paragraphs 33 through

37 hereof.

b. Until such time as the United States or its representatives, including EPA,

shall cause to be recorded a notice pursuant to Paragraph 39, below, terminating the United

States' rights under this Paragraph 37, the Settling Defendants for and on behalf of

themselves and their heirs, executors, administrators, personal representatives, successors,

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assigns, affiliates, and Lazy Lane Corp. shall not mortgage or cause to be mortgaged or grant

or cause to be granted rights, rights of wayreasements, restrictions or other interests in or

with respect to the Southington and Lazy Lane Properties, nor shall said parties otherwise

voluntarily encumber or suffer or permit the involuntary encumbrance of the Southington and

Lazy Lane Properties, without the prior written consent of the United States or its

representatives, including EPA, on each such occasion. This subparagraph is prospective and

the pre-existing mortgage on the Lazy Lane Property held by Cianci Construction and Nicholas

Cianci shall not be considered a violation of this subparagraph.

c. In the event that the United States or its representatives, including EPA,

after certification of completion of the remedy at the Site, requests in writing, pursuant to

Subparagraph 37.a.iii., above, that the Southington and Lazy Lane Properties be transferred

or conveyed to any person. Settling Defendants shall, and shall cause Lazy Lane Corp. to,

within 30 days of receipt of such request, proceed to use their best efforts to sell the

Southington and the Lazy Lane Properties. The final sale prices of the Southington and Lazy

Lane Properties shall be subject to EPA's prior written approval. Settling Defendants and Lazy

Lane Corp. shall receive no consideration on account of the conveyance or transfer of these

properties. For purposes of this Subparagraph, "best efforts" includes: (1) listing the

Properties with a broker, dealer, or agent who deals with the type of property in question; (2)

advertising the Properties as being for sale or disposition on at least a monthly basis in either

a real estate publication or a trade or other publication suitable for the Properties, or a

newspaper of general circulation (defined as one with a circulation over 10,000) covering the

area where the Properties are located; (3) responding to reasonable inquiries of prospective

buyers; and (4) showing the Properties to prospective buyers at all reasonable times. If

Settling Defendants use their best efforts to sell the Southington and Lazy Lane Properties for

a period of two years, and no sale occurs. Settling Defendants may request, and the United

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States in its sole discretion may agree to suspend or terminate Settling Defendants'

obligations under this Subparagraph. Thff United States shall provide notice of such

suspension or termination to Settling Defendants and to the Court.

d. Within 15 days of the sale, conveyance or transfer of the Southington

Property pursuant to Subparagraph 37.a, above. Settling Defendants shall pay or cause to be

paid to the United States a sum equal to any and all the proceeds from the sale, conveyance

or transfer of such Property, excluding reasonable and ordinary real estate broker's

commission, and reasonable attorney's fees incurred only in connection with the sale of the

real estate.

e. Within 15 days of the the sale, conveyance or transfer of the Lazy Lane

Property pursuant to Subparagraph37.a, above. Settling Defendants shall pay or cause to be

paid to the United States a sum equal to any and all the proceeds from the sale, conveyance

or transfer of such Property, excluding reasonable and ordinary real estate broker's

commission, and reasonable attorney's fees incurred only for the closing of the real estate

transaction.

38. Execution and Delivery of Instruments.

The Settling Defendants shall, and shall cause Lazy Lane Corp. to execute and deliver

such instruments in writing evidencing, confirming, renewing, extending and continuing each

and every of the rights, easements, restrictions, covenants, agreements and undertakings set

forth in Paragraphs 32 through 37 hereof as the United States or its representatives, including

EPA, may request. Each such instrument, including, without limitation, this decree, shall be

duly acknowledged before a Notary Public and may be recorded by the United States or by

its representatives, including EPA, in the registry of deeds or other office of land records for

the county (and/or other appropriate jurisdiction) where the Southington and Lazy Lane

Properties lie.

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39. Release of Restrictions; Termination of Settling Defendants' Obligations to convey Ownership of the Southinoton and Lezv Lane Properties.

The United States and its representatives, including EPA, shall have the right at any

time and from time to time by written instrument to relinquish, release or reduce the scope

of the rights, easements and restrictions set forth in Paragraphs 35 and 36 hereof and to

terminate Settling Defendants' and Lazy Lane Corp.'s obligations to convey ownership of the

Soufhington and Lazy Lane Properties set forth in Paragraph 37, above. No such instrument

shall be effective unless and until it is recorded in the registry of deeds or other office of lands

records for the county (and/or other appropriate jurisdiction) where the Southington and Lazy

Lane Properties lie.

XI. ACCESS TO INFORMATION

40. Except for documents located at the Southington Property, Settling Defendants

shall provide to EPA and the State, upon request, copies of all documents and information

within their possession or control or that of their contractors or agents relating to activities

at the Site or the Southington Property, including, but not limited to, sampling, analysis, chain

of custody records, manifests, trucking logs, receipts, reports, sample traffic routing,

correspondence, or other documents or information related to the Site. This Paragraph is

without limitation to the United States' rights or abilities under any other laws to review or

obtain documents and/or information in Settling Defendants' possession, custody or control.

41. Upon the date of lodging of this decree, EPA shall take custody of, and may

remove, any documents or information located at the Southington Property relating to

activities at the Site or the Southington Property, including, but not limited to, sampling,

analysis, chain of custody records, manifests, trucking logs, receipts, reports, or

correspondence.

42. Confidential Information. Settling Defendants may assert confidentiality claims

covering part or all of the documents or information submitted to the United States under this

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Consent Decree to the extent permitted by the Order entered by this Court on July 16,1991.

Documents or information submitted under a claim of confidentiality will be accorded the

protection specified in the July 16, 1991 Order. If no claim of confidentiality accompanies

documents or information when they are submitted to EPA and the State the public may be

given access to such documents or information without further notice to Settling Defendants.

Disputes regarding the confidentiality of financial information submitted by Settling

Defendants may be resolved pursuant to the July 16, 1991 Order.

43. Privileged Documents. The Settling Defendants may assert that certain

documents, records and other information are privileged under the attorney-client privilege or

any other privilege recognized by federal or State law. If the Settling Defendants assert such

a privilege in lieu of providing documents, they shall provide the the United States with the

following: (1} the title of the document, record, or information; (2) the date of the document,

record, or information; (3) the name and title of the author of the document, record, or

information; (4) the name and title of each addressee and recipient; (5) a description of the

subject of the document, record, or information; and (6) the privilege asserted. However, no

documents, reports or other information created or generated pursuant to the requirements

of this or any other consent decree with the United States shall be withheld on the grounds

that they are privileged. If a claim of privilege applies only to a portion of a document, the

document shall be provided to the United States in redacted form to mask the privileged

information only. Settling Defendants shall retain all documents, records and information that

they claim to be privileged until the United States or the State has had a reasonable

opportunity to dispute the privilege claim and any such dispute has been resolved in Settling

Defendants' favor.

44. No claim of confidentiality or privilege shall be made with respect to any data,

including, but not limited to, all sampling, analytical, monitoring, hydrogeologic, scientific,

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chemical, or engineering data, or any other documents or information evidencing conditions

at or around the Site.

XII. RETENTION OF RECORDS

45. Except for records and documents located at the Southington Property, Settling

Defendants shall preserve and retain, until 10 years after the entry of this Consent Decree,

all records and documents now in their possession or control or which comes into their

possession or control that relate in any manner to response actions taken at the Site or the

liability of any person for response actions conducted and to be conducted at the Site,

regardless of any corporate retention policy to the contrary.

46. At the conclusion of this document retention period. Settling Defendants shall

notify the United States and the State at least 90 days prior to the destruction of any such

records or documents, and, upon request by the United States or the State, Settling

Defendants shall deliver any such records or documents to the EPA or the State.

47. That portion of Paragraph 9 of the Protective Order entered in this case on July

16, 1991) ("Protective Order") which requires that within three years after the conclusion of

this litigation, all plaintiffs, intervenors and CTDEP shall make their best efforts to return all

Financial Information subject to the Order remaining in their possession and shall provide a

written statement to defendants indicating that this has been completed is vacated as to the

United States. The United States may retain all Financial Information that is subject to the

Protective Order. All other provisions of the Protective Order remain in full force and effect.

A copy of the July 16, 1991 Protective Order is annexed hereto as Appendix G.

XIII. NOTICES AND SUBMISSIONS

48. Whenever, under the terms of this Consent Decree, written notice is required

to be given or a document is required to be sent by one party to another, it shall be directed

to the individuals at the addresses specified below, unless those individuals or their

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successors give notice of a change to the other Parties in writing. The written notice shall

reference the name of the Site, the Region and Spill ID No. 01-08, the U.S.A.O. file No. 900

1124, the civil action numbers of this case, and the Department of Justice Case No. 90-7-1

23A. Written notice as specified herein shall constitute complete satisfaction of any written

notice requirement of the Consent Decree with respect to the United States, EPA, the State,

and the Settling Defendants, respectively.

As to the United States: Chief Environmental Enforcement Section Environment and Natural Resources Division

U.S. Department of Justice P.O. Box 7611, Ben Franklin Station Washington, D.C. 20044 Re: 90-7-1-23A

As to EPA: Gretchen Muench Lloyd Selbst Assistant Regional Counsel U.S. EPA - Region I JFK Federal Building Boston, MA 02203-2211

Michael Nalipinski Remedial Project Manager U.S. EPA - Region I JFK Federal Building Mail Code HEC CAN6 Boston, MA 02203-2211

As to the State: Richard F. Webb Assistant Attorney General Office of the Attorney General 55 Elm Street, Fourth Floor Hartford, Connecticut 06106

As to Settling Defendants: James Stewart Lowenstein, Sandier, Kohl, Fisher and Boylan 65 Livingston Avenue Roseland, New Jersey 07068

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XIV. RETENTION OF JURISDICTION

49. This Court shall retain jurisdiction of this matter throughout the effective period

of the decree for the purpose of enforcing the terms of this Consent Decree.

XV. ADMINISTRATIVE PROVISIONS REGARDING DECREE

50. Lodging of Decree. This Consent Decree shall be lodged with the Court for a

period of not less than 30 days for public notice and comment in accordance with Section

122(d)(2) of CERCLA, 42 U.S.C. % 9622(d)(2), and 28 C.F.R. § 50.7. The United States

reserves the right to withdraw or withhold its consent if the comments regarding the Consent

Decree disclose facts or considerations which indicate that this Consent Decree is

inappropriate, improper, or inadequate. Settling Defendants may not withdraw from this

decree during the pendency of the United States' review of the decree (pre- and post-lodging)

and consent to the entry of this Consent Decree without further notice.

51. Effective Date. Except as otherwise provided herein, the effective date of this

Consent Decree shall be the date this Consent Decree is entered by the Court.

52. If for any reason this Court should decline to approve this Consent Decree in

the form presented, this agreement is voidable at the discretion of any party and the terms

of the agreement may not be used as evidence in any litigation between the Parties.

53. Modifications to Decree. Except as expressly provided elsewhere in this Decree,

no modifications shall be made to this Consent Decree without the written notification to and

written approval of all Parties to this Consent Decree. Such modification shall thereafter

become effective upon filing with the Court. The notification required by this Section shall

set forth the nature of and reasons for the requested modification. Nothing in this Section

shall be deemed to alter the Court's power to supervise, modify or enforce this Consent

Decree.

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54. Termination of Decrees. (Replacement Page - First Modification)

a. The 1983 Consent Decree shall be terminated on the later of October 1,

1994, the effective date of this Consent Decree. The 1983 Decree may be sooner terminated

upon written notice to the Court and Settling Defendants by the United States.

b. This Consent Decree may not be terminated until after EPA issues in

writing its Certification of Completion and Settling Defendants have fully complied with all

obligations under Section V (Reimbursement of Response Costs). A Motion for Termination

may be made thereafter by any Party. Termination of this Consent Decree shall not affect any

of the provisions stated in any of the following Sections of this Consent Decree:

i. Section VII (Covenant not to Sue by United States and the

State).

ii. Section VIM (Covenants by Settling Defendants),

iii. Section IX (Effect of Settlement; Contribution Protection),

iv. Section X (Site Access).

All provisions and covenants contained in each of the Sections listed above shall not be

affected by and shall survive any termination of this Consent Decree.

XVI. APPENDICES

55. The following appendices are attached to and incorporated in this Consent

Decree:

Appendix A is the metes and bounds description from the Quitclaim deed

for the Lazy Lane Property.

Appendix B is the metes and bounds description from the Quitclaim deed

for the Southington Property.

Appendix C is the Safety Kleen Corp. Escrow Agreement.

Appendix D is the Escrow Agreement.

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Appendix E is the List of SRSNE's Comprehensive General Liability and/or

Property Damage Insurance Policies.

Appendix F is the Voting Trust Agreement.

Appendix G is the July 16, 1991 Protective Order.

XVII. SIGNATORIES/SERVICE

56. The undersigned representative of the Settling Defendants to this Consent

Decree, the Assistant Attorney General for the Environment and Natural Resources Division

of the United States Department of Justice, and the Assistant Attorney General for the Office

of the Attorney General for the State of Connecticut each certifies that he or she is fully

authorized to enter into the terms and conditions of this Consent Decree and to execute and

legally bind such party to this document.

57. Each Settling Defendant shall identify, on the attached signature page, the name

and address of an agent who is authorized to accept service of process by mail on behalf of

that party with respect to all matters arising under or relating to this Consent Decree. Settling

Defendants hereby agree to accept service in that matter and to waive the formal service

requirements set forth in Rule 4 of the Federal Rules of Civil Procedure and any applicable

local rules of this Court, including, but not limited to, service of summons.

SO ORDERED THIS DAY OF , 19 .

JOSE CABRANES United States District Judge

-44

Appendix E is the List of SRSNE's Comprehensive General Liability and/or

Property Damage Insurance Policies.

Appendix F is the Voting Trust Agreement.

Appendix G is the July 16, 1991 Protective Order.

XVII. SIGNATORIES/SERVICE

56. The undersigned representative of the Settling Defendants to this Consent

Decree, the Assistant Attorney General for the Environment and Natural Resources Division

of the United States Department of Justice, and the Assistant Attorney General for the Office

of the Attorney General for the State of Connecticut each certifies that he or she is fully

authorized to enter into the terms and conditions of this Consent Decree and to execute and

legally bind such party to this document.

57. Each Settling Defendant shall identify, on the attached signature page, the name

and address of an agent who is authorized to accept service of process by mail on behalf of

that party with respect to all matters arising under or relating to this Consent Decree. Settling

Defendants hereby agree to accept service in that matter and to waive the formal service

requirements set forth in Rule 4 of the Federal Rules of Civil Procedure and any applicable

local rules of this Court, including, but not limited to, service of summons.

SO ORDERED THIS

/JOSE CABRANES -United Dialer DiAliicl JuUge

-44

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of

United States v. Solvents Recovery Service of New England, inc.. Civ. No. H-79-704 (JAC),

and United States v. Solvents Recovery Service of New England. Inc.. et al.. Civ. No. H-90

598 (JAC), relating to the SRSNE Superfund Site.

FOR THE UNITED STATES OF AMERICA:

Dated LOIS jySCHIFFER Acting Assistant Attorney General Environment and Natural

Resources Division

Dated / Tria

DEBORAH M/rtEYHER MARK A. GALLAGHER,, Trial Attorneys U.S. Department of Justice Environmental Enforcement Section P.O. Box 7611, Ben Franklin Station Washington, D.C. 20044

CHRISTOPHER DRONEY United States Attorney for the District of Connecticut

Dated SHARON E. JAFFE ^ U7 Assistant United States Attorney P.O. Box 1824 157 Church Street New Haven, Connecticut 06508 (203) 773-2108 FEDERAL BAR NO. CT 04623

-45

Signature Page for the Consent Decree in United States v. Solvents Recovery Service of New England. Inc.. et al.. Civ. Nos H-79-704 & H-90-596 (D. Conn.)

STEVEN A. HERMAN Assistant Administrator Office of Enforcement U.S. Environmental Protection Agency

Dated JOHN P. DEVILLARS Regional Administrator U.S. EPA - Region I

Dated GRETCHEN MUENCH x

LLOYD SELBST Assistant Regional Counsel U.S. EPA - Region I One Congress Street Boston, Massachusetts 02203

FOR THE STATE OF CONNECTICUT DEPARTMENT OF THE ENVIRONMENTAL PROTECTION

Dated RICHARD F. WEBB Assistant Attorney General Office of the' Attorney General 55 Elm Street, Fourth Floor Hartford, Connecticut 06106

Signature Page for the Consent Decree in United states v. Solvents Recovery Service of New England. Inc.. et al.. Civ. Nos. H-79-704 & H-90-596 (D. Conn.).

Dated STEVEN A. HERMAN Assistant Administrator Office of Enforcement U.S. Environmental Protection Agency

\ Datfed' JOHN P. DEVILLARS

Regional Administrator U.S. EPA - Region I

(>/,{/9-SDated GRETCHEN MUENCH

LLOYD SELBST Assistant Regional Counsel U.S. EPA - Region I One Congress Street Boston, Massachusetts 02203

FOR THE STATE OF CONNECTICUT DEPARTMENT OF THE ENVIRONMENTAL PROTECTION

Dated RICHARD F. WEBB Assistant Attorney General Office of the Attorney General 55 Elm Street, Fourth Floor Hartford, Connecticut 06106

Signature Page for the Consent Decree in United States v. Solvents Recovery Service of New England. Inc.. et al.. Civ. Nos. H-79-704.& H-90-598 (D. Conn.).

Dated STEVEN A. HERMAN Assistant Administrator Office of Enforcement U.S. Environmental Protection Agency

Dated PAUL G. KEOUGH Acting Regional Administrator U.S. EPA - Region I

Dated GRETCHEN MUENCH LLOYD SELBST Assistant Regional Counsel U.S. EPA - Region I One Congress Street Boston, Massachusetts 02203

FOR THE STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

Dated RICHARD F. WEBB CT06587 Assistant Attorney General Office of the Attorney General 55 Elm Street, Fourth Floor Hartford, Connecticut 06106

-46

Signature

'. Conn.).

^Si«*"ft-"--oivnn.

Blackpoint Horseshoe Rumson, New Jersey 07760

Dated JAMES STEWART

Lowermein, Sandier, Koh/, Fisher and Boyian

65 Livingston Avenue Roseland, New Jersey 07068

Dated STEVEN BERGLAST Garcia, See/ey & Berglass 44 Trumbu/f Street New Haven, Connecticut 06510

-47

2 'd :9 'ON 828S-266 ftXttd NIbW H310NHS HO>iJ

Signature Page for the Consent Decree in United States v. Solvents Recovery Service of New England. Inc.. et al.. Civ. Nos. H-79-704^t H-90-598 (D. Conn.).

Dated

Dated

Da'ted

Dated

3 Dated

FOR DEFENDANTS CARLETON BOLL, SRS, INC., and SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, INC.

CARLETON BOLL Blackpoint Horseshoe Rumson, New Jersey 07760

SRS, Inc. 621 Shrewsbury Avenue Shrewsbury, New Jersey 07702

DAVID L. BOLL irfsideni Solvents Recovery Service

of New England, Inc. Lazy Lane Southington, Connecticut 06489

c i

JfiMES SJEWART CT 07100 Leiwenstein, SaYidler, Kohl, Fisher and Boylan 65 Livingston Avenue RoseJa/id, New Jersey 07068

STEVEN BERGLASS CT06030 Garcia, Seeley & Berglass 44 Trumbull Street New Haven, Connecticut 06510

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Agent Authorized to Accept Service on Behalf of all of the above-signed Settling Defendants:

•»

JAMES STEWART Lowenstein, Sandier, Kohl, Fisher and Boylan

65 Livingston Avenue Roseland, New Jersey 07068 (201) 992-8700

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