1. SECTIONS 104, 106(A), AND 122 OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9604, 9606(A) AND 9622. 2. CLEVELAND MILL SUPERFUND SITE GRANT COUNTY, NEW MEXICO RESPONDENTS: BAYARD MINING CORP., A DELAWARE CORP. MINING REMEDIAL RECOVERY COMPANY, A DELAWARE CORP. VIACOM INTERNATIONAL INC., A DELAWARE CORP. 3. THE SITE OCCUPIES ABOUT 18 ACRES APPROXIMATELY 5.5 MILES NORTH OF SILVER CITY IN GRANT COUNTY, NEW MEXICO. A MINE AND MILL WERE OPERATED INTERMITTENTLY AT THE SITE DURING THE PERIOD FROM ABOUT 1910 TO 1949. METALS EXTRACTED WERE PRINCIPALLY LEAD AND ZINC. ONLY FOUNDATIONS OF THE MILL REMAIN. THERE ARE NO LONGER ANY BUILDINGS AT THE SITE. GENERALLY SPEAKING, THE SOURCE OF THE HAZ. SUBSTANCES AT THE SITE IS APPROXIMATELY 30,000 CUBIC YARDS OF TAILINGS FROM PAST MILLING OPERATIONS AT THE SITE, AND 35,000 CU- BIC YARDS OF WASTE ORE. THE ORE AND TAILINGS WERE DUMPED AND DISPOSED OF ON THE SITE DURING THE PAST MILLING OPER- ATIONS. THE TAILINGS AND WASTE ORE ARE LOCATED AT THE HEADWATERS OF A SMALL TRIBUTARY OF LITTLE WALNUT CREEK, AN INTERMITTENT STREAM. PRECIPITA