ON JULY 14, 1989, DEFENDANT RECEIVED AN AUTHORIZED REQUEST FOR INFORMATION FROM EPA CONCERNING THE HANDLING AND DISPOSAL OF HAZARDOUS SUBSTANCES AT HIS FACILITY, THE DENZER AND SCHAFER SITE IN BAYVILLE, NEW JERSEY. HE ALSO RECEIVED TWO LETTERS AND A PHONE CALL WARNING HIM THAT A RESPONSE TO THIS INFORMATION REQUEST WAS OVERDUE AND THAT IF HE DID NOT PROVIDE THE REQUESTED INFORMATION EPA MIGHT INITIATE AN ENFORCEMENT ACTION AGAINST HIM. HE NEVER RESPONDED TO THESE LETTERS AND DID NOT PROVIDE THE REQUESTED INFORMATION. EPA SEEKS AN ORDER UNDER SECTION 104(E)(5) OF CERCLA, REQUIRING BOTH DEFENDANTS TO PROVIDE THE INFORMATION REQUESTED BY EPA. IT ALSO SEEKS PENALTIES FOR THE DEFENDANT'S FAILURE TO PROVIDE THE REQUESTED INFORMATION IN VIOLATION OF SECTION 104(E)(1) AND (2).