NATURE OF THE CASE (9/25/85 REFERRAL) THIS CASE INVOLVES THE ENFORCEMENT OF A CONSENT AGREE- MENT AND FINAL ORDER (CAFO) WHICH WAS ENTERED INTO BETWEEN ERIE COATINGS & CHEMICALS, INC. (ERIE) AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ON FEBRUARY 1, 1985. AFTER PAYING THE NEGOTIATED CIVIL PENALTY ASSOCIATED WITH THE CAFO, ERIE HAS APPARENTLY MADE ALMOST NO ATTEMPT TO COMPLY WITH THE SUBSTANTIVE TERMS AND CONDITIONS OF THE CAFO, AND IS PRESENTLY IN VIOLATION OF NOT ONLY THE CAFO, BUT THE SUBSTANTIVE RCRA REGULATIONS AS WELL. AS DETAILED IN THE LITIGATION REPORT, REGION V ISSUED TO ERIE A COMPLIANCE ORDER IN FEBRUARY, 1984. AFTER A NUM- BER OF CONFERENCES, DISCUSSIONS, AND EXCHANGES OF INFORMA- TION, REGION V AND ERIE AGREED TO THE TERMS AND CONDITIONS OF A CAFO IN FEBRUARY, 1985. AN APRIL, 1985 INSPECTION OF THE SITE HAS REVEALED THAT ERIE HAS SHOWN ALMOST TOTAL DIS- REGARD FOR THE TERMS AND CONDITIONS OF THE CAFO. IN OTHER WORDS, THE SUBSTANTIVE RCRA REGULATION VIOLATIONS ARE CON- TINUING, AND HAVE NOW BEEN COMPOUNDED BY ERIE'S VIOLATION OF THE CAFO. THE CIVIL ACTION PROPOSED IN THIS LITIGATION REPORT WOULD SEEK A DISTRICT COURT ORDER REQUIRING ERIE AND TWO OF ITS OFFICERS TO FULLY COMPLY WITH THE RCRA REGULA- TIONS AND TO PAY A CIVIL MONETARY PENALTY. CAUSE OF ACTION U.S. EPA'S AUTHORITY TO BRING THI