I. SYNOPSIS OF THE CASE. BY THIS REFERRAL, THE REGIONAL ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION V, (USEPA) SEEKS THE FILING OF A FEDERAL DISTRICT COURT SUIT TO ENFORCE AN ADMINISTRATIVE ORDER ISSUED BY USEPA PURSUANT TO ITS AUTH ORITY UNDER THE RESOURCE CONSERVATION & RECOVERY ACT (RCRA). EPA ALSO SEEKS A COMPLIANCE ORDER AND PENALTIES FOR ADDITION AL VIOLATIONS OF RCRA OBSERVED IN INSPECTIONS SUBSEQUENT TO ISSUANCE OF THE ADMINISTRATIVE ORDER. THE MODERN PLATING CORPORATION (DEFENDANT) OWNS AND OPER- ATES A FACILITY IN FREEPORT, ILLINOIS, THAT GENERATES HAZAR- DOUS WASTE, TREATS IT IN A TANK, & STORES IT IN A SURFACE IM POUNDMENT, TANKS, AND CONTAINERS. DEFENDANT OBTAINED INTE- RIM STATUS AUTHORITY UNDER RCRA TO OPERATE ITS HAZARDOUS WASTE HANDLING FACILITIES IN 1980. AFTER VIOLATIONS OF RCRA INTERIM STATUS REGULATIONS WERE DISCOVERED IN A SERIES OF INSPECTIONS BY THE ILLINOIS ENVI- RONMENTAL PROTECTION AGENCY (ILLINOIS EPA), AND ILLINOIS EPA ENFORCEMENT EFFORTS DID NOT ACHIEVE COMPLAINCE, USEPA FILED AN ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER (COMPLAINT) ON JUNE 18, 1985. THE ADMINISTRATIVE ADJUDICATORY PROCEED- ING INITIATED BY THIS COMPLAINT WAS RESOLVED BY A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED NOVEMBER 22, 1985, REQUIRING DEFENDANT TO UNDERTAKE SPECIFIC STEPS TO OBTAIN FULL RCRA COMPLIANCE, AND PAY $38,66