1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), AS AMENDED, 15 U.S.C. SEC. 2615. 2. OKLAHOMA METAL PROCESSING COMPANY, INC. D/B/A HOUSTON METAL PROCESSING COMPANY NEWELL RECYCLING COMPANY, INC. 5225 FIDELITY ROAD HOUSTON, TEXAS 77029 3. RESPONDENTS VIOLATED SECTION 15(1)(C) OF TSCA BY FAILING TO DISPOSE OF NON-LIQUID PCBS AT CONCENTRATIONS OF 50 PPM OR GREATER IN THE FORM OF CONTAMINATED SOIL IN AN INCIN- ERATOR OR IN A CHEMICAL WASTE LANDFILL. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A PENALTY OF $1,345,000.00.