United Technologies / Viacom Letter Re
233503 April 21,2005 via Federal Express Mr. Brad W. Bradley EPA Project Coordinator U.S. Environmental Protection Agency Region V, Mailcode SR-6J 77 W. Jackson Boulevard Chicago, IL 60604 W Re: In the Matter of Little Mississinewa Site CERCLA Docket No. V-W-'05-C-812 Dear Mr. Bradley: I. Introduction On or about April 4, 2005, the United States Environmental Protection Agency, Region V ("EPA"), issued an Administrative Order for Remedial Action (Docket No. V-W-'05-C-812) (the "Order" or "Unilateral Order") to Viacom Inc. ("Viacom") and United Technologies Corporation on behalf of Lear Corporation Automotive Systems ("UTC") (collectively, "Respondents"), directing those parties to implement the approved remedial design for the Little Mississinewa Site in Union , City, Indiana (the "Site"). The purposes of this letter are: (1) to advise EPA, pursuant to Section XXIV of the Order, of Respondents' intention to comply with the terms of the Order to the extent such compliance is required under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9601, et seq., and its implementing regulations, namely the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 C.F.R. Part 300; and (2) to outline several objections and defenses that Respondents have to the Order, as issued. II. General Objections and Reservation of Rights As an initial matter, it should be noted that by setting forth any objections or defenses in this letter, or by submitting this letter at all, Respondents do not waive, and hereby specifically reserve their rights to raise additional or different objections and defenses to the Order at some later time, or to provide additional information and evidence in support of any position that they may respectively or collectively take in Mr.
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