THIS WAS A MODIFICATION OF AN EARLIER UAO ISSUED TO RESPONDENTS IN FEBRUARY 4, 1991 TO DO REMEDIAL ACTION WORK. THEY HAD REFUSED AT TIME OF ORDER'S ISSUANCE BUT DECIDED TO USE IT AS AUTHORITY TO COMMENCE WORK AT THE SITE AFTER LOOSING A TRIAL ON LIABILITY FOR THE SITE, AND AFTER THEY REFUSED TO ENTER INTO A MODEL CONSENT DECREE FOR RA WORK. EPA BELIEVED THE AUTHORITY TO DO WORK UNDER THE ORDER FROM EPA (SECTION 122(E)) HAD TERMINATED WITH REFUSAL. HOWEVER, TO RESOLVE THE DISPUTE AND AVOID GOING TO COURT AND WAIVING PRE-ENFORCEMENT REVIEW, THE MODIFICATION OF THE ORDER WAS ISSUED, TERMINATING THE AUTHORITY TO DO THE WORK.