NATURE OF THE CASE ON JUNE 20, 1983, THE ENVIRONMENTAL SERVICES DIVISION OF U.S. EPA, REGION V COMMENCED AN IMMEDIATE REMOVAL ACTION AT THE GEBHART FERTILIZER COMPANY IN LATHAM, ILLINOIS, TO REMOVE HAZARDOUS PESTICIDE, HERBICIDE AND FERTILIZER WASTES FROM AN ABANDONED FACILITY (HERIN AFTER REFERRED TO AS THE SITE OR FACILITY ). THE SITE IS DEEMED TO HAVE BEEN IN- ACTIVE SINCE MARCH, 1982, WHEN UTILITY RECORDS INDICATE THAT WATER WAS NO LONGER BEING USED AT THE FACILITY. LATHAM IS A SMALL FARMING COMMUNITY OF 550 PEOPLE. THE 3-ACRE GEBHART SITE IS LOCATED IN THE HEART OF A BUSINESS AND RESIDENTIAL AREA OF LATHAM, AND IS ONLY A FEW HUNDRED FEET FROM THE TOWN'S WATER TREATMENT PLANT. THE FARMING CHEMICALS AND FERTILIZERS WERE STORED IN TWO DETERIORATING AND UNSECURED BUILDINGS, EASILY ACCESSIBLE TO THE PUBLIC. A WATER WELL LOCATED JUST SOUTH OF THESE BUILDINGS WAS FOUND TO BE SERVICEABLE, ALTHOUGH IT WAS NOT IN OPERATION AT THE TIME OF THE REMOVABLE ACTION. OVER THE COURSE OF THE PAST SEVERAL YEARS, LOCAL RESIDENTS HAVE CONTINUALLY COMPLAINED OF STRONG ODORS BEING EMITTED FROM THE GEBHART FACILITY, AND CHILDREN HAVE BEEN OBSERVED PLAYING ON THE PREMISES. THE IMMEDIATE REMOVAL ACTION WAS TAKEN TO PREVENT THE DANGER OF DIRECT HUMAN CONTACT, FIRE, AND EXPLOSION POSED BY THE PRESENCE OF FLAMMABLE HAZARDOUS WASTE AT THE FACILITY. OVER 150 TONS OF SOLID PESTICIDES, HER