THE PROPOSED DEFENDANT IS THE CITY OF NEW BEDFORD, MA. THE CITY HAS DENIED EPA AND ITS REPRESENTATIVES ACCESS TO ITS PROPERTY AND ROADWAYS BY ENACTING A CITY ORDINANCE WHICH REQUIRES EPA TO OBTAIN A PERMIT FOR TRANSPORTATION AND USE OF EQUIPMENT ASSOCIATED WITH INCINERATION AND WASTEWATER TREATMENT, AND WHICH ESTABLISHES THE FOLLOWING STANDARD FOR ISSUANCE OF THE PERMIT: THE MAYOR AND CITY COUNCIL SHALL NOT ISSUE A PERMIT FOR THE TRANSPORTATION OF THE ITEMS ENUMERATED IN THIS SECTION UNLESS IT IS SATISFIED THAT THE TRANSPORTATION AND USE OF SAID ITEMS SHALL NOT CAUSE AIR POLLUTION, DANGER TO THE HEALTH OF THE RESIDENTS AND SHALL NOT BE DETRIMENTAL TO THE WELFARE AND SAFETY OF THE NEIGH- BORHOOD. ... (EMPHASIS ADDED) THE PURPOSE OF THE ORDINANCE IS CLEARLY TO DELAY AND/OR PREVENT ACCESS BY EPA NECESSARY TO EFFECTUATE A RESPONSE ACTION. THE REGION HAS SUBMITTED TO DOJ DOCUMENTATION AND VIDEOTAPE WHICH INCLUDE STATEMENTS BY CITY COUNCILORS TO THE EFFECT THAT THE ORDINANCE IS DESIGNED TO STOP EPA'S REMEDIAL ACTION. THE STATUTORY PROVISIONS WHICH FORM THE BASIS FOR THE PRO- POSED ACTION ARE SECTIONS 104(A) AND (E) OF CERCLA 42 U.S.C. 9604(A) AND (E). SECTION 104(A) PROVIDES FOR EPA TO TAKE RESPONSE ACTION TO ADDRESS A RELEASE OR SUBSTANTIAL THREAT OF ANY HAZARDOUS SUBSTANCE INTO THE ENVIRONMENT. SECTION 104(E) PROVIDES THAT EPA MAY HAVE AC