SEE ALSO MATTER NUMBER 04-93-0690. ON SEPTEMBER 27, 1996, A FINAL ORDER WAS ISSUED BY THE ENVIRONMENTAL APPEALS BOARD (EAB) IN THE CASE OF IN RE: EVERWOOD TREATMENT COMPANY, INC. AND CARY W. THIGPEN, RCRA (3008) APPEAL NO. 95-1. THE EAB HELD THAT THE ALJ'S FAILURE TO CONSIDER HARM TO THE PROGRAM IN DETERMINING POTENTIAL FOR HARM WAS REVERSIBLE ERROR. IN ADDITION, THE EAB AGREED WITH THE REGION THAT BASED ON TEH RECORD, THERE WAS NO EVIDENCE OF GOOD FAITH EFFORTS TO COMPLY AND THERE WAS CLEAR EVIDENCE OF WILLFULNESS, THUS UPHOLDING THE REGION'S 25 PERCENT UPWARD ADJUSTMENT. THE EAB INCREASED THE PENALTY BY ALMOST FIVE FOLD, TO $273,750. ON NOVEMBER 22, 1996, THE RESPONDENT FILED A PETITION FOR REVIEW IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA, AND A MOTION TO STAY PROCEEDINGS (I.E., TO STAY THE ORDER OF THE EAB PENDING THIS APPEAL). JOAN OLMSTEAD (OECA),