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<br />Claim in the alternative only and without conceding; (a) that the <br />obligations in potential future liabilities set forth below are <br />claims under the meaning of the Bankruptcy Code, it U.S.C. §101 <br />et seo., or (b) that the obligations and potential future <br />liabilities set forth below will be discharged or rendered <br />unenforceable upon confirmation of a plan of reorganization, or <br />(c) that failure to file this Proof of Claim would bar the State <br />of New York from voting upon or receiving distributions or <br />requiring expenditures under any plan of reorganization. <br />6. Nature of claim: Claim is hereby made by the State of <br />New York in the alterative, for all future environmental response <br />costs, damages to the natural resources of the State of New York, <br />and/or penalties, resulting from debtor's generation, handling, <br />transportation, storage, treatment or disposal of solid and <br />hazardous waste at and/or ownership of three inactive hazardous <br />waste sites in the Town of Tonawanda in Erie County, New York, <br />pursuant to the Resource Conservation and Recovery Act (RCRA), 42 <br />U.S.C. §7601 et sea., the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA), 42 U.S.C. §9601 et sea., <br />the Environmental Conservation Laws of the State of New York, the <br />common law of nuisance and any other federal or state law, <br />statute or regulation for the protection of public health or the <br />environment. <br />7. Said claims are administrative expenses and entitled to <br />2 <br />