NATURE OF THE CASE: DURING THE PERIOD FROM 1957 TO LATE 1980, TOWER CHEMICAL CO. OPERATED A PLANT IN CENTRAL FLORIDA WHICH MANUFACTURED AND DISTRIBUTED AGRICULTURAL PRODUCTS IN- CLUDING VARIOUS PESTICIDES. WASTEWATER ASSOCIATED WITH THE PRODUCTION OF PESTICIDES WAS DISCHARGED INTO AN UNLINED POND AND BOXES AND BAGS FORMERLY USED FOR PESTICIDE CONTAINMENT WERE DISPOSED OF BY OPEN BURNING AND BURIAL ON THE SITE. IN- VESTIGATIONS AT THE SITE BY EPA AND FDER DOCUMENTED THE PRE- SENCE OF VARIOUS PESTICIDES AND METALS IN WATER AND SEDIMENT SAMPLES TAKEN FROM THE POND, IN SOIL IN THE BURIAL/BURN AREA AND IN THE GROUNDWATER. SUCH SUBSTANCES INCLUDED DDT,KELT- HANE, DIBROMOCHLOROPROPANE ( DBCP ), CHLOROBENZILATE, AR- SENIC, CADMIUM, COPPER, AND ZINC. CAUSE OF ACTION: PURSUANT TO THE AUTHORITY OF SECTION 104 OF CERCLA, EMERGENCY RESPONSE TRUST FUNDS WERE USE TO FINANCE AN IMMEDIATE REMOVAL ACTION AT THE TOWER CHEMICAL CO SITE. PRIOR TO THE IMMEDIATE REMOVAL, A CERCLA SECTION 106 ORDER WAS ISSUED REQUIRING RESPONSIBLE PARTIES TO CONDUCT THE CLEAN UP. THE PARTIES FAILED TO UNDERTAKE THE REQUIRED ACTION. SECTION 107 OF CERCLA AUTHORIZES THE U.S. TO RECOVER SECTION 104 RESPONSE COSTS AND PUNITIVE DAMAGES THROUGH CIVIL ACT- ION IN FEDERAL DISTRICT COURT. RECOMMENDED ACTION: IT IS THE PURPOSE OF THIS REFERRAL TO RECOMMEND THAT THE DEPARTMENT OF JUSTI