LEGAL BASIS FOR PROPOSED ACTION SECTION 3005 AND 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT ALLEGAN METAL FINISHING COMPANY (AMFCO), 1274 LINCOLN ROAD, ALLEGAN, MICHIGAN 49010. ALLEGED VIOLATIONS AMFCO HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE STORAGE FACILITY WITHOUT OBTAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. PURSUANT TO AN ADMINISTRA- TIVE ACTION FILED AGAINST AMFCO, AMFCO ENTERED INTO A CON- SENT AGREEMENT AND FINAL ORDER (CAFO) IN WHICH IT AGREED TO DISCONTINUE DISPOSING OF ITS HAZARDOUS WASTES ON-SITE AND TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. HOWEVER, DESPITE THIS CAFO, AMFCO CONTINUED TO DISPOSE OF ITS HAZARDOUS WASTES IN ON-SITE SURFACE IMPOUNDMENTS. PROPOSED RELIEF A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT AMFCO FROM TREATING, STORING, OR DIS- POSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE AMFCO TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDI- TION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST AMFCO IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G).