SYNOPSIS OF CASE ON AUGUST 6, 1986, USEPA INSPECTED MASTER METALS, INC. (DEF) AND OBSERVED DEF STORING HAZARDOUS WASTE IN WASTE PILES AT ITS FACILITY W/O A PERMIT OR INTERIM STATUS, IN VIOLATION OF S3005A OF RCRA. THE INTERIM STATUS OF TWO DEF'S WASTE PILES TERMINATED BY OPERATION OF LAW ON NOVEMBER 9, 1985, BECAUSE DEF DID NOT CERTIFY THAT ITS FACILITY WAS IN COMPLIANCE W/ ALL APPLICABLE FINANCIAL RESPONSIBILITY REQUIREMENTS AS RE- QUIRED BY S3005E2. IN ADDITION, DEF DID NOT SUBMIT A CLO- SURE PLAN ON NOVEMBER 23, 1985 (15 DAYS AFTER TERMINATION OF INTERIM STATUS) AS REQUIRED BY 40 CFR S265.112C. THIS CIVIL LITIGATION REPORT REQUESTS THE INITIATION OF A CI VIL ACTION PURSUANT TO S3008 OF RCRA FOR VIOLATION OF S3005 AND THE IMPLEMENTING REGULATIONS. WE RECOMMEND THAT THE GOVERNMENT SEEK A PERMANENT INJUNCTION WHICH WOULD PROHIBIT DEF FROM STORING ADDITIONAL HAZARDOUS WASTE IN THE TWO LAND DISPOSAL UNITS AT ITS FACILITY WHICH CONTAIN KO69 HAZARDOUS WASTE UNTIL DEF RECEIVES A FINAL RCRA PERMIT AND REQUIRE DEF TO: 1) SUBMIT A CLOSURE PLAN AND A POST CLOSURE PLAN FOR THE KO69 WASTE PILES, 2) COMPLY W/ FI- NANCIAL RESPONSIBILITY REQUIREMENTS THROUGH CLOSURE AND POST CLOSURE, 3) CLOSE, 4) APPLY FOR A POST-CLOSURE PERMIT IF NE- CESSARY, AND 5) TAKE CORRECTIVE MEASURES AS NECESSARY. WE DO NOT RECOMMEND THAT THE GOVERNMENT SEEK CIVIL PENALTIES AGAINST DEF FOR OPERATION W/O A PERMIT