NATURE OF THE CASE: POST AND LUMBER PRESERVING CO., INC. OWNS AND OPERATES A WOOD TREATMENT PLANT WHICH WAS IN EXISTENCE ON NOVEMBER 19,1980 AND WHICH TREATS, STORES OR DISPOSES HAZARDOUS WASTE, THEREBY BRINGING THE FACILITY WITHIN THE REGULATORY PROVISIONS OF RCRA, 42 U.S.C. SECTION 6901 ET SEQ. THE FACILITY HAS FAILED TO COMPLY WITH STATE AND FEDERAL REGULATIONS APPLICABLE TO FACILITIES OPERATING WITH INTERIM STATUS. ITS VIOLATIONS INCLUDE AN INSUFFICIENT GROUNDWATER MONITORING PROGRAM, AN INSUFFICIENT CLOSURE PLAN FOR ITS SURFACE IMPOUNDMENT, AND FAILURE TO OBTAIN FINANCIAL ASSURANCE AND LIABILITY COVERAGE. RECOMMENDED ACTION: THIS REFERRAL REQUESTS THAT CIVIL ACTION BE INITIATED TO OBTAIN A PENALTY AND INJUNCTIVE RELIEF REQUIRING THAT THE DEFENDANT OPERATE IN COMPLIANCE WITH STATE AND FEDERAL REGULATIONS OR PROPERLY CLOSE THE FACILITY.