1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2615. 2. MCKINNEY SMELTING, INC., A TEXAS CORPORATION 300 N. MACDONALD MCKINNEY, DALLAS COUNTY, TEXAS 75070 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(1)(C) OF TSCA BY FAILING TO DISPOSE OF NON-LIQUID PCBS AT CONCENTRA- TIONS OF 50 PPM OR GRETAER IN THE FORM OF CONTAMINATED SOIL IN AN INCINERATOR (WHICH COMPLIES WITH 40 C.F.R. SECTION 761.70) OR IN A CHEMICAL WASTE LANDFILL (WHICH COMPLIES WITH 40 C.F.R. SECTION 761.75). DEFENDANT VIOLA- TED 40 C.F.R. 761.60(A)(4) BY DISPOSING OF PCBS IN CON- CENTRATIONS OF GREATER THAN 50 PPM AT ITS FACILITY. PROOF OF THIS FACT IS EVIDENCED BY TWO SAMPLES TAKEN OF FRESH OIL-STAINED SOIL DURING AN INVESTIGATION OF DEFENDANT CONDUCTED BY A TDH INSPECTOR ON JUL. 26, 1990. TO DATE, ON JUL. 26, 1990, THE TEXAS DEPT. OF HEALTH (TDH) IN- SPECTED THE SITE. AT THE TIME OF THE INSPECTION, THE IN- SPECTOR OBSERVED VARIOUS PILES OF TRANSFORMER CANS AND TRANSFORMER PARTS. THE TRANSFORMER CANS HAD NO RECORD OF ANALYTICAL RESULTS OF CERTIFICATION OF PCB CONTENT FOR THIS EQUIPMENT. THE INSPECTOR ALSO OBSERVED OIL STAINS ON THE GROUND IN THE AREAS OF THE AFOREMENTIONED EQUIPMENT, AND COLLECTED 5 SAMPLES OF THE FRESH OIL-STAINED SOIL. TWO OF THE FIVE SAMPLES TAKEN DUR