1. IDENTITY OF PROPOSED DEFENDANTS ENVIRONMENTAL CONTROL SERVICES, INC. (ECS), 5339 CLAY AVE S.W., WYOMING, MI 49508 AND JOHN BARNUM, PRES., ECS. 2. STATUTORY AND REGULATORY BASIS FOR ACTION THE PROPOSED ACTION SEEKS COURT ENFORCEMENT OF A CONSENT AGREEMENT AND FINAL ORDER (CAFO) ENTERED INTO BETWEEN USEPA AND ECS. THE STATUTORY AUTHORITIES FOR THIS ACTION AGAINST ECS ARE SECTS 3008A, C AND G OF THE RCRA, 42 USC 6928A, C AND G. RECENT FEDERAL RCRA CASE LAW AND MICHIGAN CORPORATE CASE LAW SUPPORT JOHN BARNUM'S POTENTIAL INDIVIDUAL LIABI- LITY FOR ECS'S VIOLATION OF THE CAFO. THESE CASES ARE DIS- CUSSED IN SECT II OF THE ATTACHED REFERRAL. 3. EVIDENTIARY FACTS OF THE CASE ON JANUARY 8, 1987, USEPA AND ECS ENTERED INTO A CAFO WHICH ASSESSED A $6,500 PENALTY, PAYABLE IN EIGHT QUARTERLY INSTALLMENTS AND REQUIRED ECS TO STOP STORING HAZARDOUS WASTE ON-SITE FOR GREATER THAN THE TEN DAYS ALLOWED UNDER SECT 263.12 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS (40 CFR 263.12). RESPONDENT HAS PAID THE FIRST THREE INSTALLMENT PAYMENTS THE FOURTH, FIFTH AND SIXTH INSTALLMENT PAYMENTS WERE DUE ON NOV. 9, 1987, FEBRUARY 9, AND MAY 9, 1988. ON DEC. 11, 1987 AND MAY 13, 1988, USEPA SENT LETTERS TO ECS DEMANDING PAY- MENT OF THE PRINCIPAL AND INTEREST. TO DATE, ECS HAS NOT FORWARDED THE