FIVE LAGOONS AT FACILITY HAVE STORED HAZARDOUS WASTE SINCE 1976. LACKS HAS CONTINUALLY DENIED APPLICABILITY OF RCRA TO THE LAGOONS, EVEN THOUGH REGS, GUIDANCE AND THEIR OWN ADMIS- SIONS DEMONSTRATE RCRA'S GOVERNANCE. 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: LACKS INDUSTRIES, INCORPORATED, 5460 CASCADE ROAD, S.E., GRAND RAPIDS, MICHIGAN 49506 (OFFICE) AND 6138 RIVERSIDE, SARANAC, MICHIGAN (FACILITY). ALLEGED VIOLATIONS: LACKS HAS OPERATED AND CONTINUES TO OPERATE A HAZARDOUS WASTE STORAGE FACILITY WITHOUT OB- TAINING INTERIM STATUS AND WITHOUT OBTAINING A RCRA PERMIT. FOR THE PAST 6 YEARS, LACKS HAS REPEATEDLY DISREGARDED RE- QUESTS AND ORDERS OF THE STATE AND FEDERAL GOVERNMENT TO DISCONTINUE STORAGE OF HAZARDOUS WASTE IN ITS ON-SITE SUR- FACE IMPOUNDMENTS. PROPOSED RELIEF: A PERMANENT INJUNCTION WHICH WOULD PRO- HIBIT LACKS FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT ITS FACILITY AND WHICH WOULD REQUIRE LACKS TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST LACKS IN THE AMOUNT OF UP TO $25,000 PER DAY, PURSUANT TO RCRA SEC- TION 3008(G). RECENT CONTACTS WITH DEFENDANT: U.S