THE CONSENT DECREE RESOLVES CLAIMS AGAINST FIVE DEFENDANTS BROUGHT BY THE UNITED STATES ON BEHALF OF THE ENVIRONMENTAL PROTECTION AGENCY (``EPA'') UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (``CERCLA''), 42 U.S.C. 9606 AND 9607, FOR RESPONSE COSTS INCURRED AND TO BE INCURRED BY THE UNITED STATES IN RESPONDING TO THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT THE INDUSTRIAL EXCESS LANDFILL SUPERFUND SITE IN
UNIONTOWN, OHIO. UNDER THE CONSENT DECREE, THE SETTLING DEFENDANTS WILL PERFORM THE REMEDY FOR THE SITE AS SET FORTH IN THE COMPLETED REMEDIAL DESIGN FOR THE SITE, PAY $17,925,000 (PLUS INTEREST ON THIS AMOUNT RUNNING FROM OCTOBER 1, 2003) FOR PAST COSTS, AND PAY ALL INTERIM AND FUTURE RESPONSE COSTS AS DEFINED IN THE CONSENT DECREE THAT HAVE BEEN OR WILL BE INCURRED BY THE UNITED STATES (SUBJECT TO A LIMIT OF
$700,000 FOR THE PORTION OF FUTURE RESPONSE COSTS INCURRED IN MONITORING AND OVERSEEING SETTLING DEFENDANTS' PERFORMANCE OF THE REMEDY). THE UNITED STATES COVENANTS NOT TO SUE THE SETTLING DEFENDANTS REGARDING THE SITE, SUBJECT TO RESERVATIONS OF RIGHTS FOR UNKNOWN CONDITIONS AND INFORMATION, AND OTHER RESERVATIONS COMMONLY INCLUDED IN
CERCLA SETTLEMENTS.