THE VIOLATIONS CITED IN THIS LITIGATION REPORT WERE OBSERVED IN A FACILITY REFERRED TO AS THE SCHMIDT BREWERY. VIOLA- TIONS OF THE ASBESTOS STANDARD WERE ORIGINALLY OBSERVED AT THIS SITE ON 8/9&10/89. REGION V REFERRED THESE VIOLATIONS TO THE DOJ ON 3/26/90, AND REQUESTED DOJ TO PURSUE AN EN- FORCEMENT ACTION AGAINST OBIE ELIE, THE DEMOLITION CONTRACT- OR THAT IMPROPERLY PERFORMED ASBESTOS REMOVALAT THE FACILI- TY, AS WELL AS THE ESTATE OF ERNEST STERN, THE FACILITY OWN- ER. SINCE THE 3/26/90, REFERRAL THE EPA HAS OBSERVED ADDI- TIONAL VIOLATIONS OF THE CAA AND THE ASBESTOS STANDARD AT THE SCHMIDT BREWRY RESULTING FROM RENOVATION ACTIVITY AT THE FACILITY. WHEN INFORMED OF THESE NEW FACTS, DOJ REQUESTED THE REGION ON 6/29/90, TO PREPARE THIS LITIGATION REPORT IN ORDER TO DOCUMENT THE ADDITIONAL VIOLATIONS, AND IN ORDER TO ULTIMATELY CONSOLIDATE ALL THE VIOLATIONS OBSERVED AT THIS FACILITY INTO 1 COMPLAINT. - BY THIS LITIGATION REPORT EPA ALSO PROPOSES TO ADD A CERCLA COUNT IN THE COMPLAINT TO BE FILED IN THIS ACTION. SECTION 103(A) OF CERCLA REQUIRES NOTIFICATION TO THE NATIONAL RESPONSE CENTER IMMEDIATELY FOLLOWING THE RELEASE OF A HAZAR DOUS SUBSTANCE IN AN AMOUNT THAT EXCEEDS ITS REPORTABLE QUANTITY. - ALSO DISCUSSED IN THIS REPORT IS THE