AUGUST 2, 1993 DICO OU1 COST RECOVERY REFERRAL CASE SUMMARY BY THIS REFERRAL THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), REGION VII, REQUESTS THE DEPARTMENT OF JUSTICE TO INITIATE AN ACTION UNDER SECTION 107(A) OF CERCLA, 42 U.S.C. SECTION 9607(A), TO RECOVER COSTS INCURRED BY THE UNITED STATES RESPONDING TO RELEASES OF HAZARDOUS SUBSTANCES AT THE DES MOINES TCE SITE (THE SITE). THE SITE, WHICH WAS LISTED ON THE NATIONAL PRIORITIES LIST IN 1983, INCLUDES AN AREA OF GROUND WATER CONTAMINATED BY VOLATILE ORGANIC CHEMICALS (VOC), PRIMARILY TRICHLORETHYLENE (TCE) LOCATED IN THE DOWNTOWN AREA OF DES MOINES, IOWA. VOC OCNTAMINATION WAS INITIALLY FOUND IN THE DES MOINES PUBLIC DRINKING WATER SUPPLY, RESULTING IN THE LOSS OF ONE SOURCE OF THE WATER SUPPLY. AN OPERABLE UNIT REMEDIAL INVESTIGATION AND FEASIBILITY STUDY WERE CONDUCTED IN 1985 AND 1986 BY THE U. S. ENVIRONMENTAL PROTECTION AGENCY (EPA), REGION VII. THE RI FOUND THAT CONTAMINATED SOILS LOCATED ON PROPERTY OWNED BY DICO, INC. WERE THE PRINCIPAL SOURCE OF THIS VOC CONTAMINATION. AN OPERABLE UNIT RECORD OF DECISION WAS SIGNED IN JULY 1986, SELECTING HYDRAULIC CONTAINMENT AS THE APPROPRIATE REMEDY TO PREVENT VOC CONTAMINATION FROM ENTERING THE DRINKING WATER SUPPLY. WHEN ATTEMPTS TO NEGOTIATE AN AGREEMENT FOR REMEDIAL