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a 723 -1999 9.09AM FROM SWEENEY LAW FIRM 2235289 <br />28. In October of 1998, the Schnitzer Site Group settled with the City of Saint Paul; <br />the Housing and Redevelopment Authority of the City of Saint Paul; the City ofMinneapolis; the <br />Minneapolis Community Development Agency, and the University of Ivfmnesota. As a part of the <br />settlement, the Schnitzer Site Group received an assignment of these plaintiffs' claims against a <br />group of businesses, municipalities and individuals that had not been previously named u <br />responsible parties. This assignment includes the claims against the Third Party Defendant named <br />herein. <br />CLAIMS FOR RELIEF <br />COUNT I <br />CERCLA § 107(a) <br />29. Third Party Plaintiff hereby realieges and incorporates by reference all statements <br />and allegations contained in the above - numbered paragraphs. <br />30. The Schnitzer Site is a "facility" as defined by CERCLA § 101(9), 42 U.S.C. <br />§ 9601(9). <br />31. There has been a "release" or "threatened release" of hazardous substances as <br />defined in CERCLA § 101(14), 42 U.S.C. § 960I(14), from the Schnitzer Site. The release or <br />threatened release has caused the incurrence of response costs by Third Party Plaintiff. <br />32. Third Party Plaintiffhas incurred "response costs" as defined by CERCLA <br />§ 101(25), 42 U.S.C. § 9601(25), at the Schnitzer Site. These response costs comply with the <br />National Contingency Plan ( "NCP "), 40 C.F.R., part 300, and therefore are recoverable pursuant <br />to CERCLA § 107(a)(4)(A), 42 U.S.C. § 9607(a)(4)(A). <br />33. Under the acts alleged herein, the Third Party Defendants are strictly, and jointly <br />and severally, liable for the aforesaid response costs at the Schnitzer Site pursuant to CERCLA <br />§ 107(a)(3), 42 U.S.C. § 107(a)(3). <br />Page 161 <br />P.13 <br />