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In 1987, EPA conducted s Preliminary Apeassment and Sits <br />Inspection (•PA/SI") at the Lowry I,endf111 which had bean owned <br />and oparstad by the CStY end County of Dapvcr since approximately <br />1965 ea a municipal any industrial waste disposal facility. <br />Based on these studies and other svallegla information, the site <br />vss included on the Suparfund National Priorities Liat on <br />September 31, 196. Since the fall of 198<, EPA ham bean <br />conducting the Remedial Investigation and Fvasib111ty Study <br />("AI/PS •) et the mite. EPA hem concluded that hazetdous <br />^ubstencae have been released from the site into groundwater, <br />eurfsea water, e1 r, sediments and soil^ and that these releases <br />may pose s threat to huWen health and the environment. <br />It im probePla the; fhs else remedy rill not be selected for <br />at !seer several Yesrm Ond, therefore, the tots! cost of the <br />remedy for the mite is not yet known with cortsinty. EPA has <br />prepared end released for PRP and public review a document <br />entitled: Preliminary Identification of Ramodial Alternetlvam <br />("PIRA"). The PIRA projects the overall mi~ta remedy et Lowry to <br />cost between $151 million and $e.6 billion. EPA hss expressed a <br />belief that neither the least expensive nor the most expensive <br />remedy will ba SmplamenFad. Fvr purppeaa oY prior settlement <br />ecticne and curre0t se;ilOpant dj9Fp4/Sons, EPA has projected <br />that the total eo@t o[ fER~LA reaPope? Oc[ionm st the Lowry <br />landfill sits will eWe~ approximately 8500 million. <br />EPA has identified over 365 generators, trenepo[tere, owners <br />and operators who ate PRP9 at the Lowry tanQf111, and has <br />attributed certain vc!umetric waste contributions to those <br />identified pAPs based upon Snfotmet ion requests and all available <br />documentation. .CFiI 6tee1 Corporation ("CFiI") Se considered e <br />dII Y1DLm18 eonttibuto;-, having shipped the equivalent of 1300 <br />gellonm o[ drummed es;amtos-contslning wastes to Lowry Lsndtill <br />Sn 1979, Such ehipmeni for disposal wee entirely legal st the <br />ilme and vas done Sn accordance with regulatory tequlramante. <br />In a previous ^e:tlement, and in ongoing settlement <br />d iscusalone with Oa mt111mia parties, EPA has used a formals Lot <br />the calculation of a percentage share for each PRP's liability. <br />Tha percentage ie based on the waste volume of the generator <br />divided by the total volume of waste esiimetad to have gone to <br />the Lowry LetMf112. 1'het percantege L^ then multiplied by the <br />projected remedial ec.•t, aetlmeted by EPA to bs epproximetely <br />$500 million. Using these figures, CFiI's 1,310 gallons Se <br />divided by the latest total volume of 1i5,771,77~ gallons, with a <br />resulting percentage of .0008351 percent. This percentage of <br />$500 million equals 5!,137, CFiI's pro rasa share. <br />EPA has olacted not to Lila or to pursue a elsim in this <br />case for CPiI's~ehere ut any liability at the Lowry Lend [ill, <br />beeeuee of Sis 9.9 mjA,',~ smount and the transaction costa of <br />pursuing each a cla i~p. <br />7 <br />