HAZARDOUS SUBSTANCES WERE SENT BY THE GENERATOR DEFENDANTS TO THE PAS SITE FOR DISPOSAL. BETWEEN 1971 AND 1977, HAZARDOUS SUBSTANCES WERE SHIPPED IN BULK FROM THE PAS SITE TO THE FULTON SITE. SUBSTANCES OF THE TYPES KNOWN TO HAVE BEEN SENT BY THE GENERATOR DEFENDANTS, IN BULK, TO THE PAS SITE DURING THE RELEVANT PERIOD ARE ALSO KNOWN TO HAVE BEEN PRESENT AT THE FULTON SITE. EACH SUCH PAS GENERATOR IS THEREFORE ALSO A GENERATOR AT THE FULTON SITE. EPA HAS INCURRED COSTS IN CONDUCTING REMOVAL AND REMEDIAL ACTIONS AT THE FULTON SITE. EPA'S THEORY HOLDING THE PROPOSED GENERATOR DEFENDANTS LIABLE FOR THE CONDITIONS AT THE FULTON SITE HAS BEEN ACCEPTED BY SEVERAL COURTS. THE ACTION AGAINST THE OWNERS AND OR OPERATOR OF THE FULTON SITE IS BASED UPON THAT PARTY'S OWNERSHIP OF THE SITE. EPA SEEKS PROPOSED RELIEF OF: 1) RECOVERY OF ALL COSTS WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS PRE-JUDGMENT INTEREST; B) CIVIL PENALTIES AND PUNITIVE DAMAGES FOR NON-COMPLIANCE WITH AN ADMINISTRATIVE ORDER; AND C) A DECLARATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA AT THE SITE. * CONSENT DECREE WAS ENTERED CD# 02-1992-C002 *