THIS IS A CIVIL ACTION PURSUANT TO SECTIONS 106(B) AND 107(A) & (C) OF CERCLA, AGAINST MR. DARRELL L. FREEMAN, JR. TO RECOVER THE COSTS WHICH HAVE BEEN INCURRED, & WILL BE IN- CURRED BY THE GOV'T IN RESPONSE TO THE RELEASE & THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE BYRON BARREL AND DRUM DUMP & SEEKING CIVIL PENALTIES & PUNITIVE TREBLE DAMA- GES FOR NONCOMPLIANCE W/ AN ADMINISTRATIVE CERCLA 106 ORDER. MR. FREEMAN OWNS THE BYRON BARREL & DRUM DUMP IN BYRON, N.Y. THE SITE IS LISTED ON THE CERCLA NATIONAL PRIORITIES LIST. IT WAS USED FOR THE DISPOSAL OF HAZARDOUS WASTES, & RELEASES OF HAZARDOUS SUBSTANCES FROM THE SITE HAVE BEEN DOCUMENTED. AN ADMINISTRATIVE ORDER UNDER CERCLA 106 WAS ISSUED TO FREEMAN REQUIRING HIM TO PERFORM A REMOVAL ACTION AT THE SITE; HE FAILED TO COMPLY W/IN THE SPECIFIED PERIOD OF TIME. EPA THEREFORE IMPLEMENTED THE REMOVAL ACTION. PROPOSED RELIEF TO BE SOUGHT INCLUDES COST RECOVERY OF ALL GOVERNMENTAL EXPENDITURES TO DATE; DECLARATORY RELIEF AS TO LIABILITY FOR FUTURE COSTS; CIVIL PENALTIES FOR VIOLATING EPA'S ADMINISTRATIVE ORDER; PUNITIVE TREBLE DAMAGES FOR FREEMAN'S FAILURE TO COMPLY W/ THAT ORDER. * COPY OF COMPLAINT ON FILE 6/19/89. NAME OF THE COMPLAINT DARRELL L. FREEMAN, JR. * RD/RA PARTIAL CD ENTERED BY THE COURT