THIS IS A CIVIL ACTION PURSUANT TO RCRA 3008(A), 42 USC 6928(A) AGAINST BAYONNE BARREL AND DRUM AND FRANK LANGELLA, INDIVIDUALLY. IN ADDITION, THIS REFERRAL RECOMMENDS SUING BAYONNE BARREL AND DRUM, PURSUANT TO RCRA 3008(C), FOR VIO- LATION OF A FINAL CONSENT AGREEMENT & CONSENT ORDER, ISSUED TO THE CO. IN SEPTEMBER 1984, IN SETTLEMENT OF A RCRA AD- MINISTRATIVE ENFORCEMENT ACTION BY EPA REGION II. PURSUANT TO THAT CONSENT ORDER, THE COMPANY WAS OBLIGATED TO REMOVE WASTE ASH FROM ITS FACILITY IN NEWARK, NJ, TO SUBMIT A CLO- SURE PLAN AND DECONTAMINATE THE FACILITY, AND TO POST A BOND GUARANTEEING ITS PERFORMANCE. THESE AND OTHER STEPS HAVE NOT BEEN TAKEN BY BAYONNE BARREL, & THE CO. IS, THEREFORE IN VIOLATION OF THE CONSENT ORDER. BAYONNE BARREL AND DRUM OPERATED A DRUM RECONDITIONING PLANT IN NEWARK UNTIL SEPTEMBER 1983. THE COMPANY STILL OWNS THE PROPERTY, AND THE COMPANY'S PRESIDENT, FRANK A. LANGELLA, OWNS IN HIS OWN NAME AN ADJACENT SIX ACRES OF LAND UPON WHICH OPERATIONS OF THE COMPANY WERE ALSO CONDUCTED. THERE ARE ONGOING VIOLATIONS OF HAZARDOUS WASTE INTERIM STATUS OPERATING, CLOSURE AND FINANCIAL RESPONSIBILITY REQUIREMENTS AT THESE TWO PROPERTIES. PROPOSED RELIEF TO BE SOUGHT INCLUDES INJUNCTIVE RELIEF TO INSURE COMPLIANCE WITH THE CONSENT ORDER AND RCRA REGULA- TIONS AND PROPER CLEANUP OF INDUSTRIAL PROPERTIES. 08/13/93: JUDGEMENT AND ORDER RECEIVED