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 DEFENDANTS: DU-WEL HARTFORD INC., 520 HEYWOOD STREET, HARTFORD, MICHIGAN (FACILITY) AND DU-WEL PRODUCTS, INC., 48 CEMETERY ROAD, BANGOR, MICHIGAN (PARENT). ALLEGED VIOLATIONS: THE FACILITY HAS OPERATED AND CON- TINUES TO OPERATE A HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY AFTER LOSING INTERIM STATUS ON NOVEMBER 8, 1985. ON OCTOBER 31, 1985 THE PRESIDENT OF THE PARENT CERTIFIED FALSELY THAT THE FACILITY WAS IN COMPLIANCE WITH THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF 40 CFR 265 SUBPART H. AT THAT TIME THE FACILITY DID NOT MAINTAIN LIABILITY COVERAGE FOR SUDDEN AND NONSUDDEN OCCURRENCES AS REQUIRED BY THESE REGULATIONS. PROPOSED RELIEF: A PRELIMINARY INJUNCTION AND A PERMANENT INJUNCTION WHICH WOULD PROHIBIT THE FACILITY FROM TREATING, STORING, OR DISPOSING OF ANY WASTE AT THE FACILITY AND WHICH WOULD REQUIRE DU-WEL HARTFORD TO CLOSE ITS ON-SITE SURFACE IMPOUNDMENTS. IN ADDITION, THE AGENCY RECOMMENDS THAT A CIVIL PENALTY BE SOUGHT AGAINST THE FACILITY AND THE PARENT IN THE AMOUNT OF $25,000 PER DAY PURSUANT TO RCRA SECTION 3008(G). RECENT CONTACTS WITH DEFENDANTS: IN