THE SITE CONSISTS OF PROPERTY ON WHICH A FLAT GLASS MANUFACTURING FACILITY WAS FORMERLY LOCATED AND SURROUNDING RESIDENTIAL PROPERTIES. THE DEFENDANTS CONDUCTED REMOVAL ACTIVITIES AT THE FACILITY PORTIONI OF THE SITE PURSUANT TO AN AOC FOR REMOVAL RESPONSE ACTION, DATED MAY 19, 1997. THE REMOVAL ACTIVITIES INCLUDED AN EXTENT OF CONTAMINATION STUDY AND REMOVAL AND OFF-SITE DIDSPOSAL OF SOILS CONTAMINATED WITH ARESENIC AND LEAD. EPA HAS INCURRED APPROXIMATELY $320,228.43 IN UNREIMBURSED COSTS, AS OF AUGUST 23, 2005, IN CONNECTION WITH RESPONSE ACTIONS UNDERTAKEN TO ADDRESS THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE. EPA IS SENDING A DIRECT REFERRAL TO THE DEPARTMENT OF JUSTICE ( DOJ ), REQUESTING THAT DOJ COMMENCE AN ACTION FOR COST RECOVERY AND DECLARATORY JUDGMENT UNDER SECTIONS 107 AND 113(G)(2) OF CERCLA AGAINST AFG INDUSTRIES AND AGC AMERICA, INC., SUCCESSORS TO OWNERS AND/OR OPERATOR OF THE FACILITY PORTION OF THE SITE.