A PROPOSED CONSENT DECREE BY WHICH 16 OHIO MUNICIPALITIES WOULD BECOME OBLIGATED TO REIMBURSE THE SUPERFUND FOR A POR- TION OF THE MONIES EXPENDED BY USEPA IN RESPONDING TO A CRI- TICAL EMERGENCY AT THE MATOUSEK LANDFILL IN GARFIELD HEIGHTS OHIO. THE CONSENT DECREE WOULD BE ENTERED PURSUANT TO SEC- TION 7003 OF THE SOLID WASTE DISPOSAL ACT (SWDA), THOUGH THE MONIES SOUGHT TO BE RECOVERED WERE EXPENDED PURSUANT TO CER- CLA. THIS UNUSUAL CIRCUMSTANCE IS A FUNCTION OF THE FACT THAT THE METHANE, WHICH POSED THE DANGER TO THE PUBLIC, HAS NOT BEEN CATEGORIZED AS A HAZARDOUS SUBSTANCE. UNFORTUNATE- LY, CERCLA MAKES LIABLE ONLY PERSONS WHO HAVE ENGAGED IN ACTIVITIES RELATING TO HAZARDOUS SUBSTANCES. HOWEVER, SEC- TION 7003 OF THE SWDA APPLIES TO A BROADER RANGE OF WASTE HANDLING ACTIVITIES, THOUGH IT CONTAINS NO EXPLICIT COST RECOVERY AUTHORITY. IN APRIL 1988, IT WAS DISCOVERED THAT METHANE GAS WAS BEING RELEASED FROM THIS LONG CLOSED LANDFILL AND WAS MIGRAT ING INTO NEIGHBORING RESIDENCES WHERE IT WAS PRESENT AT EXPLOSIVE LEVELS. THE AGENCY ATTEMPTED TO HAVE THE OWNER AND THE CITY OF CLEVELAND, WHICH HAD SENT LARGE VOLUMES OF WASTE MATERIAL TO THE SITE, PERFORM THE RESPONSE ACTION. HOWEVER, BOTH DECLINED AND IT WAS NECESSARY FOR THE AGENCY TO TAKE IMMEDIATE ACTION, WHICH IT CONTINUES TO THE PRESENT. OTHER MUNICIPALITIES THAT HAD SENT WASTES TO THE SITE WERE SUBSEQUENTLY IDENTIFIED, AND NEGOTIATI