ON SEPTEMBER 28, 1998, EPA FORWARDED A CIVIL LITIGATION REPORT WITH RESPECT TO A CIVIL ACTION UNDER THE CERCLA SECTION 107 AND 113 CONCERNING THE CHARLES TOWN COAL TAR SITE IN THE CITY OF CHARLES TOWN, JEFFERSON COUNTY, WEST VIRGINIA. THIS ACTION STEMS FROM, INTER ALIA, EPA'S OVERSIGHT OF A REMOVAL CLEANUP ACTION PERFORMED AT THE SITE FOR WHICH EPA INCURRED RESPONSE COSTS IN EXCESS OF $104,237. $104,237.92. EPA RECOMMENDED THAT THE ACTION BE FILED AGAINST MR. ROGER J. PERRY, MR. WILLIAM C. PERRY, MS. MARY B. SMITH ( PERRYS ) AND H.W. WAGELEY, INC (FORMERLY SUPERTANE GAS CORPORATION.) FROM ABOUT THE LATE 1800'S UNTIL 1953, THE SITE WAS UTILIZE BY SEVERAL ENTITIES AS A FACILITY FOR COAL-GAS GENERATION OPERATIONS. THE COAL-GAS GENERATION PROCESS INVOLVED PLACING COAL INTO AN OVEN AT HIGH TEMPERATURES, SPRAYING A LIGHT OIL MIXTURE ON THE COAL, AND COLLECTING THE EVOLVED GASES INTO A FLOATING ROOF STORAGE TANK (FRST). THE COAL- TAR RESULTING FROM THESE OPERATIONS WHICH AS DISPOSED AT THE SITE CONTAINED A NUMBER OF HAZARDOUS SUBSTANCES, INCLUDING NAPHTHALENE AND SEVERAL POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS), WHICH WERE ESPECIALLY PREVALENT IN SITE-SOILS NEAR THE LEAKING FRST. THE CHARLES TOWN GAS COMPANY INC (SUPERTANE GAS CORPORATION'S PREDECESSOR) USED THE FRST FROM THE TIME OF ITS INCORPORATION IN 1948 UNTIL 1953. IN OCTOBER 1965, TITLE TO THE