THE LITIGATION REFERRAL REQUEST THE INITIATION OF A CIVIL ACTION AGAINST 8 PARTIES PURSUANT TO SECTION 107A AND 106B OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT. THE ACTION SEEKS TO RECOVER RESPONSE COSTS INCURRED BY EPA AT THE RESOLVE MANUFACTURING SITE, THE ACTION ALSO SEEKS PENALTIES. PURSUANT TO SECTION 106B OF CERCLA FOR EACH PROPOSED DEFENDANT'S FAILURE TO COMPLY WITH A UNILATERAL ADMINISTRATIVE ORDER THAT DIRECTED THEM TO TAKE RESPONSE ACTIONS AT THE SITE, AND IN SO DOING TO FULLY PARTICIPATE AND COOPERATE WITH OTHER PRIVATE PARTIES WHO CONDUCTED SUCH WORK. WITH RESPECT TO FIVE OF THE PROPOSED DEFENDANTS, EPA EXECUTED A CONSENT DECREE FOR SETTLEMENT OF EPA'S CLAIMS FOR DIRECT AND INDIRECT COST INCURRED BY EPA IN CONNECTION WITH THE SITE, TOGETHER WITH ACCRUED INTEREST, AND PENALTIES FOR VIOLATION OF THE ORDER. A COMPLAINT AND THE CONSENT DECREE WERE FILED WITH THE COURT ON SEPTEMBER 30, 1991. THE REMAINDER OF THE CASE INVOLVES PURSUING A PENALTY ONLY ACTION AGAINST THE 3 REMAINING PROPOSED DEFENDANTS FOR THEIR VIOLATION OF THE ADMINISTRATIVE ORDER. * FACILITY NAME AND ADDRESS: RESOLVE MANUFACTURING, INC 100 HARMON AVE FALCONER, NY 14733