THIS REFERRAL RECOMMENDS THE FILING OF A CIVIL ACTION UNDER SECTION 104(E) OF CERCLA, 42 U.S.C. 9604(E), AGAINST THE TOWN OF MOREAU TO OBTAIN A COURT ORDER GRANTING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) AND ITS AUTHORIZED REPRESENTATIVE, ACCESS, WITHOUT INTERFERENCE, TO CONDUCT RESPONSE ACTIVITY ON THREE TOWN ROADWAYS (MYRON ROAD, CHERYL DRIVE AND TERRY DRIVE). THESE ROADWAYS ARE PART OF THE AREA AFFECTED BY A RELEASE, OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES EMANATING FROM THE G.E./MOREAU SU- PERFUND SITE (THE AFFECTED AREA ). SAID ACCESS IS NECES- SARY IN ORDER FOR EPA'S DULY DESIGNATED REPRESENTATIVE, THE GENERAL ELECTRIC COMPANY ( G.E. ), TO COMPLY WITH SECTION V OF EPA'S REMEDIAL ORDER (WHICH ORDER WAS ISSUED ON NOVEMBER 21, 1983, INDEX# II-CERCLA-30201, PURSUANT TO SECTION 106(A) OF CERCLA, 42 U.S.C. 9606(A)) AND IMPLEMENT EPA'S JULY 13, 1987 RECORD OF DECISION ( ROD ). THE ROD REQUIRES, INTER ALIA, G.E.'S CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM CONNECTING THE AFFECTED AREA TO THE VILLAGE OF SOUTH GLENS FALLS PUBLIC WATER SUPPLY. THE G.E./MOREAU SUPERFUND SITE IS ON THE NATIONAL PRIORITY LIST. EPA SEEKS A COURT ORDER RESTRAINING THE TOWN FROM DENYING EPA AND ITS AUTHORIZED REPRESENTATIVES ACCESS TO TOWN PROP- ERTY AND FROM INTERFERING WITH RESPONSE ACTIVITY ON TOWN PROPERTY. ON MAY 29, 1987, THE TOWN BOARD PASS