ON JANUARY 16, 1998 EPA PUBLISHED NOTICE OF A PROPOSED ADMINISTRATIVE ORDER ON CONSENT WITH A GROUP OF PRPS KNOWN AS THE STICKNEY-TYLER ADMINISTRATIVE GROUP ( STAG ) UNDER WHICH THE RESPONDENTS WILL CONDUCT RESPONSE ACTION AT THE STICKNEY AND TYLER LANDFILL SITES AND A PORTION OF THE XXXEM SITE IN TOLEDO, OH. THE RESPONSE ACTION FOR THE STICKNEY AND TYLER LANDFILLS INCLUDE INSTALLATION OF A MULT-LAYER LANDFILL COVER SYSTEM OVER THE SITES. THIS AOC WAS SIGNED BY THE DIRECTOR OF THE SUPERFUND DIVISION ON FEBRUARY 27, 1998. STAG BEGAN CLEARING AND GRADING WORK AT STICKNEY AND TYLER PRIOR TO THE EFFECTIVE DATE OF THE STICKNEY/TYLER AOC. AS A RESULT OF THE RE-GRADING AND ABOVE-AVERAGE TEMPERATURES, AND TWICE THE AVERAGE RAINFLL DURING THE JANUARY-FEBRUARY PERIOD (BROUGHT ABOUT BY LE NINO), EMERGENCY CONDITIONS DEVELOPED AT THE STICKNEY SITE. THERE WAS PONDING OF OVER A MILLION GALLONS OF MIXED PRECIPITATION/LEACHATE ON THE SURFACE OF STICKNEY, AND THE WATER WAS IN CONTACT WITH EXPOSED WASTE. THE STEEP, SATURATED SLOPES AT STICKNEY WERE IN DANGER OF COLLAPSE, WHICH WOULD HAVE CAUSED MIXED MUNICIPAL AND INDUSTRIAL WASTE TO BE RELEASED INTO THE OTTAWA RIVER. THE ONLY VIABLE TECHNICAL OPTION WAS TO PUMP THE LEACHATE TO THE CITY OF TOLEDO'S PUBLICALLY-OWNED TREATMENT WORKS (POTW). BECAUSE THE PRECIPITATION DID COME IN CONTACT WITH THE EXPOSED WASTE, I