Plaintiffs the United States of America, by authority of the Attorney General of the United States, at the request of the Administrator of the United States Environmental Protection Agency (?EPA?), and the Office of the Governor of the State of South Carolina, through the South Carolina Department of Health and Environmental Control (?SCDHEC?) (collectively referred to as ?Plaintiffs?) filed a complaint and Joint Stipulation of Settlement, alleging that defendant American Zinc Recycling Corp. (?AZR? or ?Defendant?), f/k/a Horsehead Corporation, is liable for civil penalties arising from the generation, storage, treatment, management, and disposal of hazardous wastes at a facility located at 941 Technology Drive, Barnwell, Barnwell County, South Carolina (?Barnwell Facility?) pursuant to Section 3008(a) of the Resource Conservation and Recovery Act (?RCRA?), as amended by the Hazardous and Solid Waste Amendments of 1984 (?HSWA?), 42 U.S.C. ? 6928(a), and pursuant to the South Carolina Hazardous Waste Management Act (?SCHWMA?), for violations of S.C. Code Ann. 44-56-10 et seq. [Subtitle C of RCRA, 42 U.S.C. ??6921 to 6939f], and the implementing regulations set forth in the South Carolina Hazardous Waste Management Regulations, S.C. Code Ann. Regs. ?? 61-79.260 through 61-79.270 [40 C.F.R. Parts 260-270)]. At its Barnwell Facility, Defendant processes electric arc furnace dust (?EAF Dust?), an EPA-listed hazardous waste identified with waste code K061 that is generated by steel