EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER SECTION 7003 OF RCRA AFTER FINDING THAT OILY WASTES IN THE TANDEM MILL POND WERE POSING AN IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO THE ENVIRONMENT, INCLUDING MIGRATORY BIRDS. A U.S. FWS INSPECTOR FOUND NUMEROUS DEAD AND DYING MIGRATORY BIRDS IN AND NEAR THE TANDEM MILL POND DURING AN INSPECTION IN APRIL 1999. RESPONDENT HAS REPRESENTED THAT IT IS ADDRESS- ING THE OILY WASTES, BUT DURING A JULY INSPECTION, U.S. EPA AND U.S. FWS FOUND OILY WASTES AND ADDITIONAL DEAD MIGRATORY BIRDS AT THE TANDEM MILL POND.