ON NOVEMBER 18, 1980, LACLEDE STEEL CO. ( LACLEDE ) FILED AN INITIAL NOTIFICATION OF HAZARDOUS WASTE ACTIVITY FOR ITS ALTON, ILLINOIS FACILITY ( THE FACILITY ) FOR GENERATION AND STORAGE OF HAZARDOUS WASTES, AS REQUIRED BY RCRA 3010. LACLEDE SUBMITTED AT LEAST ONE SUBSEQUENT NOTICE ON JULY 13, 1987. THE OPERATIONS AT THE FACILITY INCLUDE THE GENERATION OF BAGHOUSE DUST AT ITS ELECTRONIC ARC FURNACE ( EAF ); THIS DUST HAS BEEN REGULATED SINCE AUGUST 8, 1988 AS EPA HAZARDOUS WASTE NUMBER K061, UNDER 40 C.F.R. 268.33. U.S. EPA ISSUED AN INITIAL RCRA PERMIT TO DISPOSE OF K061 HAZARDOUS WASTE IN A LANDFILL AT THE FACILITY ON MAY 22, 1987. THE STATE OF ILLINOIS ISSUED A RCRA PERMIT TO LACLEDE ALLOWING OPERATION OF A CORRECTIVE ACTION MANAGEMENT UNIT AT THE FACILITY ON JUNE 28, 1996. U.S. EPA INSPECTED THE FACILITY ON JULY 21-22, 1998. THE INSPECTORS NOTED EAF DUST ON THE GROUND AT AND ABOUT THE KO61 WASTE LOADING BUILDING. SOIL SAMPLES TESTED POSITIVELY FOR CHROMIUM AND EXCEEDED THE LAND DISPOSAL RESTRICTIONS ( LDR ) FOR LEAD (U.S. EPA HAZARDOUS WASTE D008), AND CADMIUM (U.S. EPA HAZARDOUS WASTE NO. D006). THE COMPLAINT ALLEGES THAT LACLEDE VIOLATED RCRA SECTION 3005 BY: (1) STORING AND/OR DISPOSING OF HAZARDOUS WASTE WITHOUT A PERMIT, BECAUSE LACLEDE HAD NOT BEEN ISSUED A PERMIT THAT ALLOWED IT TO STORE OR DISPOSE OF THE KO61 HAZARDOUS WASTES ON THE SOILS AT THE