THE FACILITY IS A FORMER OIL REFINERY AND BULK OIL STORAGE FACILITY. IN 1990, THE MICHIGAN DEPARTMENT OF NATURAL RESOU RCES ( MDNR ) BEGAN CITING PETROLEUM SPECIALTIES, INC. ( PSI ) FOR VIOLATIONS OF ENVIRONMENTAL LAWS. RESULTS FROM SAMPL ING OF SOILS AND ON-SITE LAGOONS, HISTORICALLY USED AS COOLI NG PONDS IN REFINING PROCESSES, SHOWED POLYCHLORINATED BIP- HENLYS ( PCBS ) AND LEAD AT ABOVE REGULATORY LEVELS. IN JUL Y 1991, MDNR ISSUED A UNILATER ADMINISTRATIVE ORDER FOR CLEA NUP OF THE FACILITY TO PSI AND THE THEN CURRENTLY PROPERTY O WNERS, MARVIN AND SHARON FLEISCHMAN, ROSE LIEBERGOTT, AND FA NNIE ROBINSON. THESE PARTIES CONDUCTED REMOVAL ACTIVITIES AT THE FACILITY, BUT FAILED TO FULLY COMPLY WITH MDNR'S UAO. STANDING WATER THROUGHOUT THE SITE SUBSTANTIALLY IMPEDED CLE ANUP ACTIVITIES. THE PARTIES ALSO CLAIMED THAT THEY WERE UN ABLE FINANCIALLY TO CONTINUE CLEANUP ACTIVITIES. IN JULY 1993, MDNR CONTACTED U.S. EPA TO CONDUCT A TIME-CRITICAL REM OVAL. IN FALL 1993, U.S. EPA DETERMINED THAT HAZARDOUS SUBSTANCES FOUND AT THE FACILITY, SUCH AS LEAD, BENZENE, TOLUENE, ETHYL BENZENE, PHENANTHRENE, XYLENE, AND LEAD, REGULATED AS WASTE S UNDER RCRA, AND PCBS, REGULATED UNTER TSCA, POSED A SUBSTA NTIAL THREAT TO HUMAN HEALTH AND THE ENVIRONMENT. ON APRIL 1994, FOLLOWING UNSUCCESSFUL NEGOTIATIONS WITH PSI, U.S. EPA RECEIVED APPROVAL FOR CERCLA FUNDING TO CONDUCT TIME-CRITICA L REMOVAL ACTIVITIES. IN MAY 1994,