I. SYNOPSIS OF THE CASE ASHLAND CHEMICAL COMPANY (DEFENDANT) OWNS AND OPERATES A FACILITY IN AKRON, OHIO AT WHICH DEFENDANT CONDUCTS CHEM- ICAL DISTRIBUTION OPERATIONS. THE FACILITY FORMERLY INCLU- DED AN UNDERGROUND TANK, INTO WHICH ALL SPILLS OF HAZARDOUS WASTS DURING TRANSFERS OF CHEMICALS ACCUMULATED. DEFENDANT OBTAINED INTERIM STATUS AUTHORITY UNDER RCRA TO OPERATE ITS HAZARDOUS WASTE MANAGEMENT FACILITY IN 1980. AFTER VIOLATIONS OF RCRA INTERIM STATUS REGULATIONS WERE DISCOVERED IN AN INSPECTION BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA), U.S. EPA FILED AN ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER (COMPLAINT) ON SEPTEMBER 19, 1985. THE ADMINISTRATIVE AJUDICATORY PROCEEDING INITIATED BY THIS COMPLAINT WAS RESOLVED BY A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED MAY 21, 1986, TO WHICH DEFENDANT AGREED ON MAY 6, 1987, AND IN WHICH DEFENDANT WAS REQUIRED, INTER ALIA, TO CLOSE ITS STORAGE TANK IN ACCORDANCE WITH RCRA INTERIM STATUS REGULATIONS AND AN APPROVED CLOSURE PLAN AND PAY $8,000.00 INI CIVIL PENALTIES. DEFENDANT HAS VIOLATED THE U.S. EPA CAFO BY FAILING TO CLOSE ITS STORAGE TANK IN ACCORDANCE WITH RCRA INTERIM STAT- US REGULATIONS AND THE APROVED CLOSURE PLAN.