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1 hydrocarbon contamination at their retail site with the Settling Parties and cooperate with the <br /> 2 Settling Parties in effecting a full, competent and timely clean-up of the entire Site. <br /> 3 Comment#6: <br /> 4 Section Addressed: General Comment <br /> 5 Summary of Comment Received: <br /> 6 The Commenter, Wickland Properties, notes that Wickland Properties ("Wickland") <br /> 7 operated a retail service station for sixteen years at the Site and for six years has been remediating <br /> 8 petroleum hydrocarbon contamination resulting from former, leaking underground storage tanks. <br /> 9 While acknowledging that none of the migrating dry cleaning solvents have reached the Wickland <br /> 10 remediation project,the Commenter asserts that the proximity of the solvents has precluded <br /> 11 Wickland from using the most effective and cost efficient technology available and, accordingly, <br /> 12 Wickland has suffered attendant damages which will be exacerbated if the dry cleaning solvents <br /> 13 mix with the hydrocarbon contamination. The Commenter objects to the proposed settlement to <br /> 14 the extent that the Consent Decree forecloses or impairs Wickland's right to seek indemnity for <br /> 15 the augmented cost of remediation. <br /> 16 Settling Parties' Response: <br /> 17 At the outset,the Settling Parties respond that the nature and scope of the <br /> 18 contribution protection afforded by the Consent Decree arises and is determined by operation of <br /> 19 law. The contribution protection afforded to the Settling Parties is no more and no less than that <br /> 20 provided under the Uniform Contribution Among Joint Tortfeasors Act for a"good faith" <br /> 21 settlement or under the Uniform Comparative Fault Act,depending on which applies to the claims <br /> 22 at issue. <br /> 23 Secondly,the Settling Parties further respond that Wickland should not be unduly <br /> 24 concerned with the nature and scope of the contribution protection which would be accorded to the <br /> 25 Settling Parties. Contribution is the equitable right of a jointly and severally liable parry to <br /> 26 allocate that liability among all other jointly and severally liable parties. In short, since there has <br /> 27 been no known release of PCE,TCE or other dry cleaning solvents from Wickland's retail site, <br /> 28 <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -11- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />