ELGIN SALVAGE AND SUPPLY IS A SCRAP METAL RECYCLING YARD IN ELGIN, IL IN APRIL 1993, U.S.EPA ISSUED A CERCLA 106 ORDER TO ELGIN SALVAGE (AS OWNER OPERATOR), AND FOUR OTHER PARTIES, AT&T, AMERITECH, COMMONWEALTH EDISON AND FERMILAB (URA), AS GENERATORS. THE UAIO ORDERED A CLEAN UP OF THE SITE FOR CONTAMINATED LEVELS OF LEAD, PCBS AND DIOXIN. BETWEEN 1993 AND FEB. 1995, THE PARTIES CONDUCTED THE CLEAN UP. U.S. EPA INCURRED APPROXIMATELY $343,000 IN OVERSIGHT COSTS. THE PRPS RECEIVED A BILL FOR OVERSIGHT COSTS IN AUGUST AND DECEMBER 1995, BUT REFUSED TO PAY THEM CITING TO THEM ROHM V. HAAS DECISION FROM THE FEDERAL COURT IN THE 3RD CIRCUIT CT. OF APPEALS. U.S. EPA CONTINUED TO TRY TO SPECIFICALLY IDENTIFY COSTS AND SEEK COMPLIANCE OF THE PRPS WITH THE UAO. THE PRPS CONTINUED TO REFUSE. U.S. EPA THEN DETERMINED TO REFER THE CASE TO U.S. DOJ. U.S. EPA ALSO SEEKS PUNITIVE D