THIS CASE FOR VIOLATIONS OF RCRA'S PERMITTING AND TSD REGULATIONS WAS FILED IN 1993. IN OCTOBER 1999, THE ALJ ISSUED AN OPINION ON LIABILITY IN RESPONSE TO EPA'S MOTION FOR ACCELERATED DECISION. IN THAT OPINION THE ALJ SUGGESTED A PENALTY SUM, BUT ALLOWED THE PARTIES TO REQUEST BRIEFING ON PENALTY. TO PRESERVE ALL APPEAL RIGHTS AS TO THE ASSESS- MENT OF THE PENALTY, WHICH REGION 5 DEEMED INADEQUATE AS SUGGESTED' BY THE ALJ, ON NOVEMBER 10, 1999, REGION 5 FILED A NOTICE OF APPEAL WITH THE EAB. WHEN THE ALJ GRANTED THE PARTIES THE RIGHT TO BRIEF THE PENALTY ISSUE THE EAB DIS- MISSED EPA'S APPEAL ON MARCH 7, 2000.