NATURE OF THE CASE THIS CASE INVOLVES THE FILING OF A PARTIAL CONSENT DECREE THAT MEMORIALIZES THE AGREEMENT, TO DATE, BETWEEN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) AND CCCI. THE DECREE WILL RESULT IN AN ENFORCEABLE SHUTDOWN OF THE FACILITY AND A REQUIREMENT THAT CCCI SUBMIT ITS CLOSURE PLAN. FURTHER INJUNCTIVE RELIEF WILL BE NEEDED TO COMPEL NORMAN B. HJERSTED AND CCCI TO PERFORM CLOSURE AND ENSURE POST-CLOSURE CARE FOR THIS FACILITY. THE DECREE DOES NOT REACH THE LATTER ISSUES SINCE HJERSTED, THE PRESIDENT AND PRINCIPAL STOCKHOLDER IN CCCI (WHO IS, ON THE FACTS, PER- SONALLY LIABLE AS WELL), WOULD NOT AGREE TO THOS REQUIRE- MENTS. THIS FACILITY HAS OPERATED FOR A LENGTHY PERIOD IN MAJOR VIOLATION OF THE RCRA INTERIM STATUS STANDARDS. IT HAS BEEN THE SUBJECT OF REGULATORY ENFORCEMENT ACTIONS BY BOTH U.S. EPA AND THE STATE OF INDIANA. HAZARDOUS WASTES HAVE BEEN GENERATED, TREATED, STORED AND DISPOSED OF AT THE CCCI FACILITY. AMONG OTHER THINGS, CCCI HAS TREATED CYANIDE AND SPENT STEEL PICKLE LIQUOR; IT HAS STORED CYANIDE, CHLOR- INATED AND NON-CHLORINATED SOLVENTS, AND PCBS; IT HAS DIS- POSED OF SPENT PICKLE LIQUORS, SLUDGES AND PROCESS WATERS IN VARIOUS TANDS AND IN FOUR SURFACE IMPOUNDMENTS LOCATED AT AND NEAR THE GARY FACILITY. U.S. EPA IS PRESENTLY CONDUCT- ING A CLEANUP OF CERTAIN PORTIONS OF T