THIS ORDER DIRECTS XTRA INTERMODAL, INC. TO PERFORM THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) DESCRIBED IN THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY'S ( EPA'S ) JUNE 6 , 2005 ADMINISTRATIVE ORDER ON CONSENT ( AOC ) AND STATEMENT OF WORK ( SOW ) FOR THE OLD AMERICAN ZINC PLANT ( OAZ ) SUPERFUND SITE, EXCEPT FOR THE TECHNICAL ASSISTANCE PLANNING FUNCTIONS IN TASK 2 OF THE SOW. THE SITE IS LOCATED IN FAIRMONT CITY, ILLINOIS. THIS ORDER IS ISSUED TO RESPONDENT BY EPA UNDER THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. � 9606(A). THIS AUTHORITY WAS DELEGATED TO THE ADMINISTRATOR OF EPA ON
JANUARY 23, 1987, BY EXECUTIVE ORDER 12580 (52 FED. REG. 2926, JANUARY 29, 1987), AND WAS FURTHER DELEGATED TO EPA REGIONAL ADMINISTRATORS AS OF JANUARY 16, 2002, BY U.S. EPA DELEGATION NOS. 14-1 AND 14-2, AND TO THE DIRECTOR, SUPERFUND DIVISION, REGION 5, BY REGIONAL DELEGATION NOS. 14-14-1 AND 14-14-2. ON APRIL 23, 2002, EPA ISSUED A CERCLA SPECIAL NOTICE LETTER FOR PAST COSTS ASSOCIATED WITH THE SITE AND NEGOTIATION OF A CERCLA AOC FOR PERFORMANCE OF A REMEDIAL INVESTIGATION AND
FEASIBILITY STUDY (RI/FS) AT THE SITE TO BLUE TEE CORP., THE FEDERAL GENERAL SERVICES ADMINISTRATION AND XTRA INTERMODAL, INC. (RESPONDENT). DURING THE COURSE OF SUBSEQUENT NEGOTIATIONS WITH THE THREE PARTIES, RESPONDENT REPEATEDLY REFUSED TO ENTER INTO A NEGOTIATE