THE PREREFERRAL LITIGATION REPORT CONCERNING BROOKS FOUN- DRY, INC. REQUESTING THAT A CIVIL ACTION BE BROUGHT AGAINST BROOKS FOUNDRY, INC. ( BF ) BECAUSE BF CONTINUES TO STORE AND/OR DISPOSE OF ITS HAZARDOUS WASTES ON-SITE WITHOUT A RCRA PERMIT AND WITHOUT OBTAINING INTERIM STATUS. DEFENDANT AND ENFORCEMENT HISTORY: BF OPERATES A GREY IRON FOUNDRY IN ALBION, MICH. IN THE COURSE OF ITS FOUNDRY OPERATIONS, BF GENERATES HAZARDOUS WASTE WITH THEY ARE CURRENTLY STORING OR DISPOSING OF IN AN ON-SITE WASTE PILE AND AN ON-SITE SURFACE IMPOUNDMENT. THE HAZARDOUS WASTE IS EP TOXIC FOR LEAD AND IS GENERATED BY BROOKS' WET SCRUBBER (A WET SCRUBBER IS USED BY FOUNDRIES TO CONTROL AIR EMISSIONS). BF DID NOT ACHIEVE INTERIM STATUS OR RECIEVE A RCRA PER- MIT FOR THE STORAGE AND/OR DISPOSAL OF ANY OF ITS HAZARDOUS WASTES AS REQUIRED BY SECT 3005 OF RCRA. INTERIM STATUS WAS NOT ACHIEVED BECAUSE BF FAILED TO FILE A PART A PERMIT APPLI CATION BY NOV. 19, 1980. IN ADDITION, BF FAILED TO FILE A PART B PERMIT APPLICATION AND FAILED TO CERTIFY BY NOV 9, 19 85 THAT ITS FACILITY WAS IN COMPLIANCE WITH ALL APPLICABLE GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY REQUIRE- MENTS AS SET FORTH IN SECT 3005(E2) OF RCRA. FAILURE TO COM PLY WITH THE NOVEMBER 9, 1985 DEADLINE SUBJECTS THE FACILITY TO THE LOSS OF INTERIM STATUS PROVISIONS OF THAT SECT, WHICH REQUIRE THE CLOSURE OF ALL LAND DISPOSA