CHEMETCO, INC. HAS BEEN UNDER A CONSENT AGREEMENT WITH THE STATE OF ILLINOIS SINCE 1988 REGARDING VARIOUS VIOLATIONS OF DIFFERENT ENVIRONMENTAL STATUTES AT ITS HARTFORD, ILLINOIS SECONDARY COPPER SMELTER. CHEMTCO HAS VIOLATED THE STATE AGREEMENT AT DIFFERENT TIMES. THE STATE'S PRACTICE IS TO CONTINUALLY EXTEND COMPLIANCE SCHEDULES AND THEREFORE CAA VIOLATIONS PERSIT TO DATE. THE MOST SEVERE VIOLATIONS ARE EXCEEDANCES OF THE LEAD NATIONAL AMBIENT AIR QUALITY STANDARD, VIOLATIONS WHICH REPRESENT SERIOUS HEALTH RISKS TO THE PUBLIC AND THE ENVRIONMENT. THE OTHER VIOLATIONS ARE FAILURE TO OBTAIN OPERATING PERMITS FOR 4 FURNACES AND VIOLATION AT SEVERAL FURNACES OF THE PARTICULATE MATTER LIMIT CONTAINED IN THE SIP. ALL 3 VIOLATIONS ARE DOCUMENTED IN REGION V'S 4/28/92 NOV TO CHEMETCO. AT THE SECTION 113 CONFERENCE, USEPA TOLD CHEMETCO IT BELIEVED THAT THE STATE AGREEMENT WAS IN THE LONG-RUN INADEQUATE TO RESOLVE THE CAA VIOLATIONS AND THAT THE $50,000 PENALTY IT PAID TO THE STATE WAS INADEQUATE. A CIVIL ACTION IS PRIMARILY NECESSARY IN THIS CASE TO SAFEGUARD THE PUBLIC HEALTH AND THE ENVRIONMENT AGAINST EXCEEDANCES OF THE LEAD HEALTH STANDARD IN MADISON COUNTY, ILLINOIS CAUSED BY EMISSIONS FROM CHEMETCO. RESIDENCES ARE LOCATED IN CLOSE PROXIMITY TO THE FACILITY. BEGINING IN 1982 AND CONTINUING THROUGH TO 1994 RESPONDENT ADDED SOLID WASTE, ROCK, SAND, DIRT, AND