NATURE OF THE CASE ARCANUM IRON AND METAL (AIM) OPERATED A LEAD BATTERY REPRO- CESSING FACILITY IN DARKE COUNTY, OH FROM THE EARLY 1960'S TO 1982. OPERATIONS AT THE SITE INVOLVED OPENING BATTERY CASINGS; DUMPING THE ACID ON THE GROUND; SMELTING THE LEAD AND STOCK- PILING THE BATTERY CASINGS, FRAGMENTS AND CHIPS FOR LATER REMOVAL. CONTAMINATION OF SOIL AND GROUNDEATER FROM THE OPERATION WAS FOUND IN TEST CONDUCTED BY THE OHIO EPA AND AIM. TEST RESULTS SUGGESTED POSSIBLE LEAD AND OTHER METAL CONTAMINATION IN THE SOIL, GROUNDWATER, AND DRAINAGE SEDI- MENT. IN DECEMBER 1982, THE SITE WAS PLACED ON THE NATIONAL PRIORI TIES LIST (NPL) OF HAZARDOUS WASTE SITES. REMEDIAL INVESTI- GATION (RI) FIELD ACTIVITIES TO DEFINE THE EXTENT OF CONTAMI NATION AND A FEASIBILITY STUDY (FS) TO EVALUATE POSSIBLE REMEDIES FOR CLEANUP BEGAN IN 1984. NOTICE LETTERS WERE SENT TO HAROLD M. SHANE, THE RECOMMENDED DEFENDANT PRIOR TO THE RI, SEEKING HIS PARICIPATION IN THE UNDERTAKING OF THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS), AND AGAIN IN JUNE OF 1985, FOR THE CLEAN UP OF THE SITE. AS A RESULT OF SERIES OF UNPRODUCTIVE NEGOTIATIONS AND REPEATED DELAYS IN THE PRODUCTION OF FINANCIAL INFORMATION NECESSARY TO DETERMINE IF ACTIONS COULD BE PROPERLY PERFORMED, THE U.S EPA FUNDED BOTH ACTIONS.