THIS REFERRAL RECOMMENDS THAT A COMPLAINT BE FILED PURSUANT TO SECTION 17 OF THE TOXIC SUBSTANCES CONTROL ACT, (TSCA), 15 U.S.C. SECTION 2616, FOR VIOLATIONS OF: 1) A SEPT 6, 1979, PCB DREDGE SPOIL DISPOSAL APPROVAL; AND 2) AN A/O, ISSUED BY REGION II PURSUANT TO SETTLEMENT OF AN ADMIN- ISTRATIVE ENFORCEMENT ACTION TAKEN AGAINST DOT. EPA ISSUED AN INTERIM APPROVAL TO DOT ALLOWING THE TEMP- ORARY DISPOSAL OF PCB-LADEN DREDGE SPOILS AT TWO SITES ALONG THE HUDSON RIVER. THIS APPROVAL REQUIRED DOT TO INSTALL AND SAMPLE GROUNDWATER MONITORING WELLS AND SUBMIT THE RESULTS TO EPA ON A MONTHLY BASIS; TO COVER BOTH SITES AFTER COM- PLETING ITS DISPOSAL OPERATIONS; AND TO SUBMIT A YEARLY REPORT ASSESSING THE FEASIBILITY OF MORE PERMANENT DISPOSAL OPTIONS. IN 1983, EPA ISSUED AN ADMINISTRATIVE COMPLAINT TO DOT FOR NON-COMPLIANCE WITH THE CONDITIONS OF THE TSCA APPROVAL. THIS ACTION WAS SETTLED IN 1986 BY A CONSENT AGREEMENT AND FINAL ORDER, ISSUED BY THE REGIONAL ADMINISTRATOR OF REG- ION II. THE ORDER REQUIRED DOT TO : 1) DEVELOP ENGINEERING PLANS FOR CAPPING THE SITES; 2) CAP OR REMOVE THE MATERIAL FROM THE TWO SITES BY THE END OF THE 1987 CONSTRUCTION SEASON; AND 3) MONITOR GROUNDWATER WELLS AT THE SITES ON A MONTHLY BASIS. DOT HAS FAILED TO COMPLY WITH THE ABOVE CITED CONDITIONS, THEREBY VIOLATING BOTH THE 1979 TSCA A