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5. The parties agree that settling this action without the filing of a complaint or the <br />adjudication of any issue of fact or law is in their interest and in the public interest. <br />6. Respondent consents to the assessment of the civil penalty specified in this <br />CAFO, and to the terns of the CAFO. <br />Jurisdiction and Waiver of the Right to Hearing <br />7. Respondent admits the jurisdictional allegations in this CAFO and neither admits <br />nor denies the factual allegations in this CAFO. <br />8. Respondent waives its right to request a hearing as provided at 40 C.F.R. <br />§ 22.15(c), any right to contest the allegations in this CAFO, and its right to appeal this CAFO. <br />Statutory and Regulatory Background <br />9. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), requires any person in charge <br />of a facility to immediately notify the National Response Center (NRC) as soon as that person <br />has knowledge of any release of a hazardous substance from the facility in an amount equal to or <br />greater than the reportable quantity of the hazardous substance. <br />10. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), section 304 of EPCRA, <br />42 U.S.C. § 11004, provide a mechanism to alert federal and state agencies that a response action <br />may be necessary to prevent deaths or injuries to emergency responders, facility personnel and <br />the local community. A delay or failure to notify could seriously hamper the governments' <br />response to an emergency and pose serious threats to human health and the environment. <br />11. Section 304(a)(1) of EPCRA, 42 U.S.C. § 1 1004(a)(1), requires that the owner or <br />operator of a facility must immediately provide notice, as described in section 304(b) of EPCRA, <br />42 U.S.C. § 1 1004(b), if a release of an extremely hazardous substance in quantities equal to or <br />greater than a reportable quantity occurs from a facility at which hazardous chemicals are <br />