THE NINTH AVENUE SITE WAS USED FOR DISPOSAL STARTING APPROX. IN 1973. MATERIALS DISPOSED AT THE SITE CONSISTED OF DRY INDUSTRIAL, CONSTRUCTION, AND DEMOLITION WASTES AS WELL AS LIQUID INDUSTRIAL AND CHEMICAL WASTES. IN 1975, THE INDIANA STATE BOARD OF HEALTH (ISBH) BECAME AWARE OF POTENTIAL PRO- BLEMS AT THE SITE AND CONDUCTED AN INSPECTION. ISBH DOCU- MENTED THE EXISTENC OF APPROX. 10,000 55-GAL DRUMS ON THE SURFACE, AND ESTIMATED THAT 500,000-GALS OF LIQUID INDUSTRI- AL WASTE HAD BEEN DUMPED AND 1,000 DRUMS BURIED ON-SITE. EFFORTS BY THE STATE TO ENFORCE SITE CLEANUP WERE NOT SUCCESSFUL, AND IN 1980, THE EPA FILED SUIT AGAINST THE SITE OPERATOR AND SEVERAL PROPERTY OWNERS. IN SEPTEMBER 1983, IN SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. - IN DECEMBER 1983, U.S. EPA FILED A CONSENT JUDGMENT IN FEDER AL COURT FOR THE NORTHEN DISTRICT OF INDIANA AGAINST THE SITE OWNER/OPERATOR, STEVE MARTELL, AS WELL AS SEVERAL OTHER PRPERTY OWNERS, WHO WERE SUBSEQUENTLY DISMISSED. THE JUDGMENT REQUIRED MARTELL TO PERFORM A SITE INVESTIGATION AND CLEANUP, AND REQUIRED HIM TO ESTABLISH A TRUST FUND. MARTELL MUST DEPOSIT A TOTAL OF $10,000 EACH MONTH FOR REME- DIAL ACTION COSTS AND REIMBURSEMENT TO THE UNITED STATES. FROM 1983 TO 1985, MARTELL REMOVED DRUMS, DEBRIS AND CONTAMI NATED SOILS FROM THE SURFACE OF THE SITE UNDER CONSENT JUDGE MENT.