HYPRO OWNS REAL PROPERTY SITUATED ABOVE AN AQUIFER CON- TAMINATED BY THE ACTS AND OMISSION OF THIRD PARTIES. TO COMPLETE SITE REMEDIATION, U.S. EPA REQUIRES LONG-TERM ACCESS TO HYPRO'S PROPERTY, WHICH INCLUDES INSTALLATION AND OPERATION OF A GROUNDWATER EXTRACTION WELL CLUSTER AND RE- LATED PIPING. HYPRO AGREED IN THE CONSENT ORDER TO PROVIDE ACCESS AND WAIVE ANY CLAIM IT MIGHT HAVE FOR A COMPENSABLE TAKING UNDER THE U.S. CONSTITUTION; EPA GAVE A COVENANT NOT TO SUE AND CONTRIBUTION PROTECTION. DEFANDANT OWNED AND OPERATED FACILITY WITHIN THE MEANING OF CERCLA AT TIME HAZARDOUS SUBSTANCES WERE RELEASED; EPA INCURRED COSTS RESPONDING TO RELEASES.