THE RESPONDENT WAS NOT GRANTED A PERMIT FROM U.S. EPA TO USE THE CHUDY #2 INJECTION WELL (WELL OR CHUDY #2) FOR UNDER- GROUND INJECTION UNTIL JULY 16, 1998. HOWEVER, THE EVIDENCE IS CLEAR THAT THE RESPONDENT USED THE WELL FOR UNDERGROUND INJECTION BEFORE THAT DATE. REPORTS PREPARED AND FILED BY THE RESPONDENT WITH THE STATE OF MICHIGAN CERTIFIED THAT THE RESPONDENT WAS THE OWNER/OPERATOR OF THE WELL IN APRIL 1995 AND USED THE WELL FOR UNDERGROUND INJECTION.