NATURE OF THE CASE THIS MATTER INVOLVES THE OPERATION OF A STEEL AND WIRE MANUFACTURING PLANT WHICH GENERATES SPENT PICKLE LIQUOR THAT IS PLACED INTO SURFACE IMPOUNDMENTS AND WASTE PILES. SPENT PICKLE LIQUOR FROM STEEL FINISHING OPERATIONS IS A LISTED HAZARDOUS WASTE (KO62) UNDER 40 CFR SECTION 261.30, AND PLACEMENT OF SUCH WASTE INTO A SURFACE IMPOUNDMENT OR WASTE PILE SUBJECTS KEYSTONE, AS THE OWNER AND OPERATOR OF AN EXISTING HAZARDOUS WASTE MANAGEMENT FACILITY, TO THE RE- QUIREMENTS OF RCRA. KEYSTONE HAS NOT OBTAINED OR SUBMITTED AN APPLICATION FOR A RCRA PERMIT, AND DOES NOT HAVE INTERIM STATUS TO OPERATE A RCRA FACILITY. IN ADDITION, KEYSTONE HAS NOT COMPLIED WITH THE FINANCIAL OR GROUNDWATER REQUIRE- MENTS OF THE LOIS PROVISIONS OF RCRA, AND HAS CONTINUED TO PLACE HAZARDOUS WASTE INTO SURFACE IMPOUNDMENTS AND WASTE PILES, SUBSEQUENT TO NOVEMBER 8, 1985. THE KEYSTONE FACILITY HAS BEEN OPERATED FOR AN EXTENDED PERIOD OF TIME IN VIOLATION OF THE INTERIM STATUS PROVI- SIONS OF RCRA. KEYSTONE INITIALLY NOTIFIED THE U.S. EPA OF HAZARDOUS WASTE ACTIVITY ON AUGUST 15, 1980, AND SUBMITTED A PART A PERMIT APPLICATION ON NOVEMBER 14, 1980, TO TREAT, STORE OR DISPOSE OF HAZARDOUS WASTE AT THE PEORIA FACILITY. ON NOVEMBER 12, 1980, THE U.S. EPA REMOVED WASTE PICKLE LIQUOR SLUDGE GENERATED BY LIME TREATMENT OF SPENT PICKLE LIQUOR FROM STEEL FINISHING OPERATIONS