Evergreen should not characterize this remediation project as a voluntary cleanup.

Act 2 is a voluntary cleanup program.  However, Sunoco is obligated to cleanup the legacy contamination under the Act 2 cleanup program through enforceable legal agreements signed with PADEP, and Evergreen completes the cleanup on Sunoco’s behalf.  Therefore, Evergreen’s participation is not voluntary nor does Evergreen characterize the remediation project as voluntary.