1. THIS IS A CIVIL ADMINISTRATIVE ACTION INSTITUTED PURSUANT TO SECTION16(A) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ) 15 U.S.C. SECTION2615 (A), AND SECTIONS 22.01 (A) AND 22.13 OF THE CONSOLIDATED RULES OFPRACTICE GOVERNING THE ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES ANDTHE REVOCATION OR SUSPENSION OF PERMITS, 40 C. F. R. SECTION 22.01(A)(5) 22.13. 2. THE RESPONDENTS ARE JAMES E. MCGLENN AND J.E.M. CONSTRUCTIONSERVICES, INC., WHICH ARE AND WERE AT ALL TIMES RELEVANT TO THISCOMPLAINT, THE OWNERS OR OPERATORS OF PROPERTY LOCATED AT 4500 WMITCHELL ST., WEST MILWAUKEE, WISCONSIN. 3. ON DECEMBER 14, 1993, A REPRESENTATIVE OF THE U.S. EPA INSPECTEDPROPERTY LOCATED AT 4500 W. MITCHELL ST., WEST MILWAUKEE, WISCONSIN, TODETERMINE COMPLIANCE WITH THE PCB RULE. 4. AT THE TIME OF THE INSPECTION, BETWEEN 150 TO 200 DRUMS OF PCB WASTEWERE STORED AT 4500 W. MITCHELL ST., WEST MILWAUKEE, WISCONSIN. 5. THE DRUMS OF PCB WASTE CONSISTED OF SOIL CONTAMINATED BY A SPILL OFAPPROXIMATELY 200 GALLONS OF PCBS IN CONCENTRATIONS GREATER THAN 500 PPMFROM A PCB TRANSFORMER. 6. COMPLAINANT HAS DETERMINED THAT RESPONDENTS HAVE VIOLATED THEFEDERAL REGULATIONS REGARDING THE MARKING, STORAGE, RECORDKEEPING,MANIFESTING,