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: KURDZIEL IRON INDUSTRIES, INC., 2625 WINSTON ROAD, ROTHBURY, MICHIGAN 49452. ALLEGED VIOLATIONS: KURDZIEL HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE TREATMENT, STORAGE, AND DIS- POSAL FACILITY WITHOUT OBTAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. KURDZIEL DID NOT ACHIEVE INTERIM STATUS BECAUSE KURDZIEL DID NOT FILE A PART A PERMIT APPLI- CATION BY NOVEMBER 19, 1980. IN ADDITION, KURDZIEL FAILED TO FILE A PART B PERMIT APPLICATION AND FAILED TO CERTIFY BY NOVEMBER 9, 1985 THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPON- SIBILITY REQUIREMENTS AS REQUIRED BY SECTION 3005(E)(2) OF RCRA. PROPOSED RELIEF: A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT KURDZIEL FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE KURDZIEL TO CLOSE ITS ON-SITE TREATMENT, STOR- AGE AND DISPOSAL UNITS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE ASSESSED AGAINST KURDZIEL IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANT: ON NOVEMBER 1, 1985 THE MICHIGAN DEPARTMENT OF NATURAL RESOURC