NATURE OF THE CASE: IN 1978, A SPILL OF CHLORINATED SOLVENTS AT AN IBM PLANT IN NEIGHBORING ENDICOTT, N.Y. RESULTED IN AN AREA-WIDE TESTING PROGRAM OF POTABLE WATER SUPPLIES. THE VESTAL DISTRICT 1 WELLFIELD LOCATED TO THE SOUTH OF ENDICOTT WAS TESTED AND WELL NO. 1-1 WAS FOUND TO BE CONTAMINATED WITH SEVERAL CHLORINATED ORGANICS INCLUDING 1, 1, 1-TRICHLOROETHANE, TRICHLORETHYLENE, 1,1 DICHLOROETHAN AND 1, 2 DICHLOROETHYLENE. THE VESTAL 1-1 SITE WAS INCLUDED ON THE NATIONAL PRIORIT- IES LIST IN DECEMBER, 1982. THE NYSDEC COMMENCED AN INVES- TIGATION OF THE SITE PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO WITH EPA IN APRIL, 1985. THE RI/FS WAS COMPLE- TED IN MAY, 1986 AND INDICATED INTER ALIA, THAT AN AREA BORDERING VESTAL ASPHALT, INC. AND NEIL GUILES EXCAVATING & PAVING, INC., HAS SOILS CONTAMINATED WITH AROMATIC ORGANICS INCLUDING BENZENE, TOLUENE, AND ZYLENE. THIS CAUSE OF ACTION SEEKS TO ENFORCE THE PRESIDENT'S AUTHORITY PURSUANT TO SECTION 104(E) (3) (D) OF CERCLA, AS DELEGATED TO USEPA, TO COMPEL COMPLIANCE WITH EPA REQUEST FOR ACCESS TO PROPERTY WHERE THERE MAY BE RELEASE OR THREAT OF RELEASE OF A HAZARDOUS SUBSTANCE OR POLLUTANT OR CONTAM- INANT. THE PROPERTIES EPA SEEKS ACCESS TO ARE: ALL THAT PIECE OR PARCEL OF LAND SITUATED IN THE TOWN OF VESTAL, COUNTY OF BROOM AND STATE OF N.Y., AS SHOWN ON A MAP MAP NO. 5-C PARCEL NO. 367, VESTAL STATE H