Whenever terms listed below are used in this Consent Decreeor in the appendix attached hereto, the following definitions shall apply: “CERCLA”shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601-9675.
States for injunctive relief, recovery of response costs, or otherrelief relating to OU 01, Settling Defendant shall not assert, and may not maintain, any defense or claim based uponthe principles of waiver, res judicata, collateral estoppel, issue preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by the United States in the subsequent proceeding were or should have been brought in the instant case; provided, however, that nothing in this Paragraph affects the enforceability of the Covenants by Plaintiff set forth in Section VIII.
all of its information gathering and inspection authorities and rights, including enforcement actions related thereto, under CERCLA, RCRA,and any other applicable statutes or regulations.
Department of Justice, Environment and Natural Resources Division certifies that they are authorized to enter into the terms and conditions of this Consent Decree and to execute and bind legally such Party to this document.
Box 7611 Washington, D.C. 20044-7611 s/ Erika M. Wells Erika M. Wells, OR # 05500 Senior Counsel U.S. Department of Justice Environment and Natural Resources Division Environmental Enforcement Section 7600 Sand Point Way, NE Seattle, Washington 98115 s/ Joanna Citron Day Joanna Citron Day, DC # 477833 Senior Counsel U.S. Department of Justice Environment and Natural Resources Division Enviromnental Enforcement Section P.O.