BACKGROUND AND NATURE OF CASE THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 3008(A) (1) OF RCRA TO COMPEL PAXTON LANDFILL CORPORATION (PAXTON) AND STRYKER INTERNATIONAL, INC. (STRYKER) TO COMPLY WITH RCRA'S REQUIREMENTS FOR HAZARDOUS WASTE LANDFILLS AT 12201 SOUTH OGLESBY, CHICAGO, ILLINOIS (SITE). PAXTON IS THE SITE'S OPERATOR; STRYKER IS THE OWNER. THE ACTION ALSO SEEKS SUBSTANTIAL CIVIL PENALTIES FOR THE IMPROPER DISPOSAL OF LIQUID HAZARDOUS WASTE AT THE SITE IN SEPTEMBER 1982. STEVE MARTELL, PRESIDENT AND PRINCIPAL STOCKHOLDER OF PAXTON AND STRYKER HAS A WELL DOCUMENTED HISTORY OF NON- COMPLIANCE WITH LOCAL AND STATE ENVIRONMENTAL REGULATIONS IN NORTHWESTERN INDIANA AND SOUTH CHICAGO. THE ILLINOIS LEGISLATIVE INVESTIGATING COMMISSION CONSIDERS MR. MARTELL ONE OF THE AREAS MOST EGREGIOUS ENVIRONMENTAL OFFENDERS. THE SITE IS A 100 ACRE SOLID WASTE LANDFILL ON CHICAGO'S SOUTH SIDE. PRIOR TO NOVEMBER 19, 1980, THE SITE ACCEPTED INDUSTRIAL AND COMMERCIAL WASTE STREAMS, INCLUDING HAZARDOUS WASTE, FOR DISPOSAL BY LANDFILL. THE SITE MET THE REQUIREMENTS FOR INTERIM STATUS AS A HAZARDOUS WASTE TREAT- MENT, STORAGE AND DISPOSAL (BY DISTILLATION AND INCINERA- TION) FACILITY. THE SITE DOES NOT HAVE INTERIM STATUS AS A HAZARDOUS WASTE LANDFILL. ON MARCH 22, 1983, EPA CALLED IN PAXTON'S RCRA PART B PERMIT APPLICATION. IN AUGUST 1983 PA