LEGAL BASIS FOR PROPOSED ACTION SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED 42 U.S.C. SECTION 6901 ET. SEQ. IDENTITY OF DEFENDANT CONTINENTAL STEEL CORPORATION, 1111 MAIN STREET, KOKOMO, INDIANA 46902. ALLEGED VIOLATIONS FROM NOVEMBER 9, 1985 TO THE PRESENT, CONTINENTAL STEEL CORPORATION (CSC) DISPOSED OF HAZARDOUS WASTE AT ITS FACILI- TY WITHOUT A PERMITOR INTERIM STATUS, IN VIOLATION OF SECTION 3005(A) OF RCRA. THE INTERIM STATUS OF CSC TERMI- NATED BY OPERATION OF LAW ON NOVEMBER 9, 1985 BECAUSE CSC DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2). IN ADDITION, CSC DID NOT SUBMIT A CLOSURE PLAN BY NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 C.F.R. 265.112(C). PROPOSED RELIEF THE AGENCY SEEKS A PRELIMINARY INJUNCTION AND A PER- MANENT INJUNCTION WHICH WOULD PROHIBIT CSC FROM DISPOSING OF ANY WASTE AT ITS FACILITY AND WOULD REQUIRE CSC TO CLOSE ITS TWO ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST CSC IN THE AMOUNT OF $25,000 PER DAY P