SUMMARY OF ACTION: THIS REFERRAL SUPPLEMENTS THE LITIGATION REPORT SENT TO THE U.S. DEPARTMENT OF JUSTICE BY EPA, REGION I ON APRIL 30, 1993. THAT REPORT REQUESTED THAT THE U.S. DEPARTMENT OF JUSTICE INITIATE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST THIS COMPANY FOR ITS CONTINUED REFUSAL TO RESPOND TO AN EPA INFORMATION REQUEST LETTER DATED APRIL 23, 1992. THE INFORMATION REQUEST LETTER WAS ISSUED BY THE REGION PURSUANT TO SECTION 3007 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), 42 U.S.C. SECTION 6927 AND SECTION 104E OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SECTION 9604(E). THE REPORT RECOMMENDED THAT THE U.S. DEPARTMENT OF JUSTICE FILE SUIT IN U.S. DISTRICT COURT, DISTRICT OF MASSACHUSETTS, REQUESTING THAT THE COURT ORDER HATHEWAY & PATTERSON TO COMPLY WITH THE INFORMATION REQUEST AND IMPOSE CIVIL PENALATIES FOR ITS FAILURE TO RESPOND TO THE REQUEST, PURSUANT TO SECTION 3008 (G) OF RCRA, 42 U.S.C. SECTION 6928(G). THE COMPANY REFUSED TO RESPOND TO THE REQUEST AND HAS NOW BEEN DISCHARGED IN BANKRUPTCY. ALTHOUGH A PROOF OF CLAIM WAS FILED ON BEHALF OF EPA, NO ASSETS WERE AVAILABLE TO THE REGION TO EFFECT CORRECTIVE ACTION ON-SITE OR TO PURSUE PENALTIES. ON AUGUST 12,1993, THE REGION SENT AN INFORMATION REQUEST LETTER PURSUANT TO SECTION 3007 OF RCRA AND SECTION 104(E) OF CERCLA, TO HAYNES IN HIS PERSONAL