THE PURPOSE OF THIS LETTER REFERRAL CONCERNING THE BRESLUBE- PENN SUPERFUND SITE IS TO REFER THE ABOVE-REFERENCED CASE TO YOU FOR CIVIL JUDICIAL ACTION AND TO PROVIDE YOU WITH THE BANKRUPTCY BY THE DEPARTMENT OF JUSTICE ( DOJ ) IN CONNECTIO CONNECTION WITH THE ABOVE CHAPTER 11 BANKRUPTCY CASE FILED BY JOY TECHNOLOGY, INC., A WHOLLY-OWNED SUBSIDIARY OF HARNISCHFER, INDUSTRIES, INC. THE BAR DATE IN THE JOY TECHNOLOGIES' BANKRUPTCY CASE HAS BEEN SET AT FEBRUARY 29, 2000. EPA HAS CONCLUDED THAT JOY IS LIABLE AS AN ARRANGER FOR DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE PURSUANT TO SECTION 107(A)(3) OF CERCLA, 42 U.S.C. SECTION 9607(A)(3). JOY MANUFACTURING APPEARS AS AN ENTRY ON THREE LEDGER SHEETS FOR THE BRESLUBE SITE, WHICH EPA UNDERSTANDS DOCUMENT SHIPMENTS TO AND FROM THE SITE. ?2? THESE LEDGER SHEETS, DATING FROM 1980-1982, INDICATE THAT JOY MANUFACTURING'S WASTES WERE SENT OT THE SITE; THE TOTAL VOLUME IS 3,367 GROSS GALLONS. THE WASTE TYPE IS UNSPECIFIED. HOWEVER, EPA CONCLUDES, CIRCUMSTANTIALLY, THAT THESE WASTES CONTAINED HAZARDOUS SUBSTANCES IN THAT THE BRESLUBE SITE FOR THAT PERIOD OPERATED AS A USED OIL/SLUDGE REPROCESSING FACILITY. AS A RESULT OF THESE BANKRUPTCY MATTERS, EPA HEREBY REQUESTS IN THIS REFERRAL THAT DOJ, ON BEHALF OF EPA, FILE A PROOF OF CLAIM WITH THE BANKRUPTCY COURT AGAINST JOY TECHNOLOGIES, INC., D/B/A JOY MINING MACHINERY, IN ORDER TO RECOVERY PAST AND FUTURE RESPONSE COSTS INCURRED BY EPA.