THIS IS A CIVIL ACTION PURSUANT TO RCRA SECTION 3013(E), 42 USC 6934(E), AGAINST THE DEFENDANT FOR VIOLATION OF AN EPA ADMINISTRATIVE ORDER, INDEX NO. II RCRA-85-3013-50202. ON 5/14/85, DEFENDANT FILED A LAWSUIT CHALLENGING THE ORDER & THE CONSTITUTIONALITY OF RCRA 3013, BOTH ON ITS FACE AND AS APPLIED (DUPONT V. DAGGETT, CIVIL NO. 85-0626-E). ON JUNE 10, THE COURT DENIED THE REQUEST FOR A PRELIMINARY INJUNCTION. IN ITS OPINION, THE COURT QUESTIONED EPA'S POSI TION THAT SECTION 3013 DOES NOT AUTHORIZE PRE-ENFORCEMENT REVIEW. THE PROPOSED CIVIL ACTION WOULD BE FILED AS A COUNTERCLAIM ACCOMPANYING EPA'S ANSWER. THE COUNTERCLAIM WOULD ASK FOR THE MAXIMUM PENALTY UNDER 3013(E) OF $5,000 PER DAY FOR VIOLATION OF THE ORDER. THE COUNTERCLAIM WOULD NOT SEEK SPECIFIC ENFORCEMENT; EPA INTENDS TO PERFORM ITHE WORK THE DEFENDANT REFUSED TO DO, & THEN SEEK COST RECOVERY, PURSUANT TO SECTIONS 3013 OF RCRA & 104 & 107 OF CERCLA.