IT IS RECOMMENDED THAT A CIVIL COMPLAINT BE FILED AGAINST PAYNE &DOLAN, INC. P&D IS AN OWNER OF KEY TERMINALS, INC., WHICH OPERATED AFACILITY THAT STORED USED OIL FUELS, INCLUDING HAZ WASTE FUEL. THE KEYTERMINALS FACILITY IS LOCATED AT N MMAIN STREET, KWEAUNEE, WI. ON 7/18/89, THE USEPA AND P&D, AS OPERATOR OF THE KEY TEMRINALSFACILLITY, ENTERED INTO AN ADM CONSET AGREEMENT AND FINAL ORDER IN RCRA# V-W-89-R-02 (CAF0). THE EFFECTIVE DATE OF THE CAFO WAS 7/18/89. PURSUANT TO PARA.B OF THE CAFO, P&D WAS REQUIRED TO SUBMIT TO BOTHEUSEPA AND THE WISCONSIN DEPART OF NATURAL RESOURCES A TANK CLOSURE PLAN,A SOILS SAMPLING AND WASTE ANALYSIS PLAN, AND A CONTAMINATED SOILSREMOVAL PLAN W/I 30 DAYS AFTER THE EFFECTIVE DATE OF THE CAFO. ACCORDINGLY, THE 3 PLANS WERE ALL DUE ON, OR BEFORE, 8/18/89. PARA C OFTHE CAFO PROVIDED THAT UPON APPROVAL BY THE WDNR OF THE CLOSURE ANDREMOVAL PLANS, P&D WOULD IMMEDIALTELY COMPLETE CLOSURE AND REMOVALACTIVITIES IN ACCORDANCW WITH THE SCHEDULES IN THE APPROVED PLANS. P&D HAS VIOLATED THE TERMS OF THE CAFO BY FAILING TO COMPLETECLOSURE ACTIVITIES IN ACCORDANCE WITH THE CAFO, AND BY FAILING TO FULLYIMPLEMENT THE APPROVED TANK CLOSURE PLAN. P&D ALSO VIOLATED THE CAFOBYSYROING HAZ WASTES AT THE SITE IN VIOLATION OF THE APPROVED CLOSUREPLAN, AS WELL AS BY FAILING TO TIMELY SUBMIT THE SOIL REMOVAL PLAN. THIS REFERRA REQUESTS THAT THE U.S.