SITE INFORMATION AND CORRESPONDENCE_1993-1996

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I Secondly, the Settling Parties further respond that Chevron should not be unduly 2 concerned with the nature and scope of the contribution protection which would be accorded to the 3 Settling Parties. Contribution is the equitable right of a jointly and severally liable party to 4 allocate that liability among all other jointly and severally liable parties. In short, since there has 5 been no known release of PCE, TCE or other dry cleaning solvents from Chevron's retail site, 6 Chevron is=jointly and severally liable for the contamination resulting from the dry cleaning 7 operations at the Site. Accordingly, Chevron has no apparent contribution claims to be barred. 8 To further clarify,the Settling Parties respond that any claims that Chevron might 9 have which are unrelated to those resolved by the Consent Decree (i.e. personal injury, loss of 10 value of their leasehold or lost profits claims) are direct claims not subject to, or barred by, the 11 contribution protection which would result from this settlement and the Court's entry of this 12 Consent Decree. As for any claims that Chevron might assert for additional remedial 13 investigation or clean-up costs it has or may incur resulting solely from the migrating PCE and 14 TCE contamination, sections VI and XI of the Consent Decree already provide that the Settling 15 Dry Cleaning Defendants shall,at their sole cost,jointly and severally, fully, competently, and 16 timely perform the Work, non-exclusively including construction, operating, and maintaining any 17 interim removal or remedial action(s) and the final remedy and in all respects implementing the 18 requirements of the Permanent Injunction and this Consent Decree. Accordingly, the Settling 19 Dry Cleaning Defendants must, at their sole cost, investigate and remediate the Hazardous 20 Substance contamination at or emanating from the Site, wherever it may come to be located. In 21 short,to the extent that Chevron asserts that it may suffer incremental or augmented damages 22 resulting solely from the detected presence of solvent contamination in combination with the 23 hydrocarbon contamination, that portion of the investigation or remediation costs pertaining solely 24 to the dry cleaning solvent contamination will be covered under the Consent Decree and the 25 Settling Dry Cleaning Defendants are liable for those incremental investigation or clean-up 26 requirements or for their costs. To facilitate and expedite the timely and cost-effective remediation 27 of the Site,the Settling Parties urge Chevron to coordinate their efforts to remediate the petroleum 28 JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -10- 0009203.10 10/03/94 @ 10:43 AM