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shall transfer the Property to Purchaser free and clear of liens pursuant to Bankruptcy Code <br /> section 363. In order to facilitate such sale, EPA and Respondent have entered into this <br /> Settlement to address the Work at the Site necessary to remedy certain environmental conditions. <br /> 17. The Work required by this Settlement is necessary to protect the public health, <br /> welfare or the environment. <br /> V. CONCLUSIONS OF LAW AND DETERMINATIONS <br /> 18. Based on the Findings of Fact set forth above, and the administrative record, EPA <br /> has determined that: <br /> a. The Camp Bird Mine Site is a"facility" as defined by Section <br /> 101(9) of CERCLA, 42 U.S.C. § 9601(9). <br /> b. The contamination found at the Site, as identified in the Findings <br /> of Fact above, includes "hazardous substances" as defined by Section 101(14) of CERCLA, 42 <br /> U.S.C. § 9601(14). <br /> c. Respondent is a"person"as defined by Section 101(21) of <br /> CERCLA, 42 U.S.C. § 9601(21). <br /> d. Respondent is a responsible party under Section 107(a) of <br /> CERCLA, 42 U.S.C. § 9607(a) and is jointly and severally liable for performance of response <br /> action and for response costs incurred and to be incurred at the Site. Respondent is a former <br /> "operator"and current"owner" and/or"operator" of the facility, as defined by Section 101(20) <br /> of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of Section 107(a)(1) of CERCLA, <br /> 42 U.S.C. § 9607(a)(1). <br /> e. The conditions described in the Findings of Fact above constitute <br /> an actual or threatened"release"of a hazardous substance from the facility as defined by Section <br /> 101(22) of CERCLA, 42 U.S.C. § 9601(22). <br /> f. The Work required by this Settlement is necessary to protect the <br /> public health,welfare or the environment and, if carried out in compliance with the terms of this <br /> Settlement,will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP. <br /> VI. SETTLEMENT AGREEMENT AND ORDER <br /> 19. Based upon the foregoing Findings of Fact, Conclusions of Law, Determinations <br /> and the administrative record, it is hereby Ordered and Agreed as follows. <br /> VII. OBLIGATIONS OF RESPONDENT AND PURCHASER, DESIGNATION OF <br /> CONTRACTOR, PROJECT COORDINATOR AND ON-SCENE COORDINATOR <br /> 20. Purchaser shall retain one or more contractors to perform the Work and shall <br /> notify EPA of the name(s) and qualifications of such contractor(s)within 30 days after the <br /> 6 <br />