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0 0 <br /> 1 with the foregoing requirements. The Commenter asserts that oversight performed by the DTSC <br /> 2 will not be duplicative of work performed by other governmental agencies at this Site. <br /> 3 Settling Parties' Response: <br /> 4 The Settling Parties respond that primary jurisdiction over the Settling Parties and <br /> 5 their respective liabilities for conditions at the Site and the remedial actions necessary or <br /> 6 appropriate to investigate and redress those conditions is, by congressional dictate in <br /> 7 RCRA § 7002(a), 42 U.S.C. § 9972(a) and CERCLA § 113(b),42 U.S.C. § 9613(b), in the United <br /> 8 States District Court for the Eastern District of California. Specifically,this Consent Decree <br /> 9 resolves all of plaintiff LPL's existing, direct,joint and several claims for issues covered under the <br /> 10 Consent Decree which include, among others, claims under(1)RCRA § 7002(a)(1)(B) for <br /> 11 restitution and for injunctive relief requiring the Settling Dry Cleaning Defendants to investigate, <br /> 12 abate and remediate any endangerment at or emanating from the Site resulting from the discharge <br /> 13 of Hazardous Substances; (2) CERCLA § 107 for recovery of respolise costs; (3) CERCLA <br /> 14 §113(f)for contribution, and(4) CERCLA § 113(g)(2) for declaratory relief as to future response <br /> 15 costs. <br /> 16 CERCLA § 113(b)provides the United States District Court with exclusive <br /> 17 original jurisdiction over all controversies arising under CERCLA which necessarily includes the <br /> 18 requisite authority to declare,pursuant to CERCLA § I I3(g)(2),the appropriate remedial action <br /> 19 plan to resolve the action for recovery of future response costs. In addition, RCRA § 7002(a) <br /> 20 specifically provides that the district court shall have jurisdiction to hear disputes asserted under <br /> 21 this section and expressly includes authority to make such orders as may be necessary to enforce <br /> 22 these provisions as long as the action is properly commenced pursuant to section 7002(b) of <br /> 23 RCRA. <br /> 24 As required by RCRA § 7002(b) and prior to filing this action,plaintiff LPL gave <br /> 25 the congressionally required"Notice of the Endangerment"at, and notice of its intent to seek <br /> 26 judicial abatement of the conditions at, this Site to the Administrator of the U.S Environmental <br /> 27 Protection Agency ("U.S. EPA") and to the California Environmental Protection Agency("Cal. <br /> 28 EPA"), as well as to the Attorneys General of the United States and the State of California. As <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -4- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />