THIS CASE INVOLVES VIOLATIONS OF TSCA, 15 U.S.C. SECTS 2601 ET SEQ, AND THE REGULATIONS THEREUNDER, ARISING FROM THE IMPROPER STORAGE & DISPOSAL OF TRANSFORMERS CONTAINING POLYCHLORINATED BIPHENOLS (PCBS) BY JOHN H. LIPCHIK & JOHN H. LIPCHIK ENTERPRISES, INC. AT THE ERIE, PENNSYLVANIA FACILITY. THE REFERRAL REQUESTS THE FILING OF A COMPLAINT, REQUESTING AN INJUNCTIVE ORDER, REQUIRING THE PROPER STORAGE AND DISPOSAL OF TRANSFORMERS. REFERRAL FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR AN INJUNCTIVE ORDER DEEMED NECESSARY BECAUSE: 1) DEF'S HAVE A HISTORY OF NON-COMPLIANCE WITH PCB REGS EVEN AFTER BE ING HELD LIABLE PURSUANT TO CIVIL ADMINISTRATIVE ACTIONS; AND 2) LIKELIHOOD EXISTS THAT DEFS WILL MOVE TRANSFORMERS DURING DEMOLITION ACTIVITIES, THERBY CREATING A SUBSTANTIAL RISK. AN INSPECTION BY EPA AND PADER PERSONNEL IN 1984 HAD REVEALED THAT THERE WERE THREE PCB TRANSFORMERS WITH A TOTAL OF 1,320 GALLONS OF PCB LIQUID ON THE SITE. THE TRANSFORMERS WERE LOCATED IN BUILDINGS THAT WERE NO LONGER IN USE AND THE TRANSFORMERS THEMSELVES HAD NOT BEEN IN USE FOR AT LEAST THREE YEARS. ON NOVEMBER 15, 1984 A COMPLAINT WAS SERVED ALLEGING THAT JOHN M. LIPCHICK ENTERPRISES, INC. HAD FAILED TO MARK ONE TRANSFORMER IN STORAGE FOR RE-USE AND HAD FAILED TO PREPARE AND MAINTAIN ANNUAL DOCUMENTS AND QUARTERLY IN- SPECTION REPORTS FOR THE PCB TRANSFORMERS