I. SYNOPSIS OF THE CASE THE REGIONAL ADMINISTRATIVE FOR THE U.S. ENVIRONMENTAL PRO TECTION AGENCY, REGION V (USEPA) SEEKS THE FILING OF A CIVIL ACTION IN U.S. DISTRICT COURT TO ENFORCE A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED AGAINST THE DEFENDANT UNDER SE CTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RC RA), 42 USC S6928. THE PROPOSED COURT ACTION WOULD ALSO SEEK CIVIL PENALTIES FOR VIOLATION OF THE ORDER ITSELF. CHEM CLEAR, INC., (CHEM CLEAR) OWNS AND OPERATES AN EXIST- ING HAZARDOUS WASTE MANAGEMENT FACILITY AT 2900 BROADWAY, CLEVELAND, OHIO. ON JANUARY 21, 1983, AND AUGUST 10, 1983, THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) INSPECTED THE FACILITY AND DETERMINED THAT CHEM CLEAR WAS IN VIOLATION OF RCRA AND NUMEROUS IMPLEMENTING REGULATIONS IN 40 CFR PART 265. THE USEPA ISSUED AN ADMINISTRATIVE COMPLAINT ON DECEM- BER 30, 1983, PURSUANT TO SECT 3008 OF RCRA, 42 USC S6928. SEE ATTACHMENT A. THIS ENFORCEMENT ACTION WAS SUBSEQUENTLY SETTLED BY THE EXECUTION OF THE CAFO ON MARCH 4, 1985. THE CAFO REQUIRED THE RESPONDENT TO ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR PART 265, AND COMPLETE SPECIFIED ACTI ONS BY SPECIFIED DATES, INCLUDING THE CLEANING AND DECONTAMI NATING TANKS AT THE FACILITY AS 1, 2 AND 3, AND TO PAY A CI- VIL PENALTY OF FORTY-FIVE THOUSAND DOLLARS ($45,000) ON A MONTHLY PAYMENT SCHEDULE. SUBSEQUENT TO ENTRY OF THE CAFO, THE RESPONDENT HAS VIOLATED MULTIPLE