NATURE OF THE CASE LEHIGH CARTING VIOLATED SEC. 114 OF THE CLEAN AIR ACT WHEN IT FAILED TO RESPOND TO AN EPA INQUIRY W/IN THE REQUIRED TIME PERIOD & SUBSEQUENTLY SUBMITTED INFORMATION THAT REGION 2 LATER DETERMINED TO BE FALSE & INCOMPLETE. LEHIGH DENIED THAT INCINERATION OCCURRED AT ITS BROOKLYN, N.Y. FACILITY, BUT AFTER CONDUCTING AN INSPECTION PURSU- ANT TO A COURT WARRANT, EPA ESTABLISHED THAT THE CO. WAS ENGAGED IN ILLEGAL NIGHTTIME INCINERATION OF WOOD & OTHER REFUSE. THE CASE REPRESENTS AN OPPORTUNITY TO PENALIZE A SOURCE WHICH OPERATED CLANDESTINELY DURING THE NIGHT WITH OUT REQUIRED AIR POLLUTION PERMITS OR CONTROLS & WHICH HAD, IN THE PAST, ENGAGED IN ILLEGAL OPEN BURNING AT ITS PLANT PREMISES. REGION 2 HAS REACHED A SETTLEMENT W/THE CO. PROVI- DING FOR THE CESSATION OF THE ILLEGAL INCINERATION ACTI- VITY & THE IMPOSITION OF A CIVIL PENALTY OF $4000. AS A RESULT, THE CASE WILL PLACE MINIMAL STRAIN ON AGENCY RE- SOURCES. PLEASE NOTE THAT THE CO. HAS ALREADY SIGNED A CD EMBODYING THIS SETTLEMENT.