FROM 1976 TO 1980, THE SCP NEWARK SITE WAS OPERATED AS A RECYCLING AND RECOVERY PLANT FOR PAINT SLUDGES, PAINT RESINS AND OTHER HAZARDOUS WASTES. IN 1984, NJDEP REQUESTED THAT EPA CONDUCT A REMOVAL ACTION TO MITIGATE THE THREATS CAUSED BY THE RELEASE AND THREAT OF RELEASE OF HAZARDOUS SUBSTANCES ON THE SITE. THE REMOVAL ACTION WAS AUTHORIZED ON MARCH 28, 1985, CONDUCTED BY THE PRP CLEANUP COMMITTEE, AND COMPLETED ON APRIL 7, 1987. EPA INCURRED OVER $200,000 IN COSTS FOR OVERSIGHT OF THE REMOVAL ACTION. THIS ACTION SEEKS REIM- BURSEMENT FROM THE SITE OWNERS AND FROM SEVEN GENERATOR PRPS WHO SENT ORGANIC SOLVENTS AND OTHER HAZARDOUS MATERIALS TO THE SITE. EPA IDENTIFIED APPROXIMATELY 150 PRPS FOR THIS SITE AND ENTERED INTO ORDERS ON CONSENT WITH 100 OF THESE PARTIES. EPA ISSUED UNILATERAL ORDERS TO 50 OTHER PARTIES. MOST OF THESE PARTIES ASSISTED IN CONDUCTING THE REMOVAL ACTION AT THE SITE. HOWEVER, 26 OF THE 150 PRPS FOR THE SITE FAILED TO COMPLY WITH THE ORDERS THEY RECEIVED. THREE OTHER PRPS WHO DID NOT RECEIVE ANY ORDERS ALSO DID NOT PARTICIPATE IN THE REMOVAL ACTION AND HAVE BEEN IDENTIFIED. EPA IS SEEKING PENALTIES UNDER 106(B)(1) AGAINST 4 VIABLE PRPS WHO FAILED, WITHOUT SUFFICIENT CAOSE, TO COMPLY WITH THEIR ORDERS. THIS CASE IS SIGNIFICANT FOR THE FOLLOWING REASONS: A) IT WILL CONSTITUTE ONE OF THE FEW CASES NATIONWIDE WHERE THE GOV'T IS SEEKING PENALTIES PURSUANT TO