RELIANCE BATTERY MFG. CO. (RBMC) OPERATES A LEAD-ACID BATTERY MANUFACTURING PLANT ON PROPERTY OWNED BY MR. & MRS. W. SCOTT GRANT. MR. GRANT IS THE PRESIDENT OF RBMC, AND MR. & MRS. GRANT ARE ITS PRINCIPAL SHAREHOLDERS. THE RBMC FACILITY IS LOCATED IN A MIXED RESIDENTIAL AND COMMERCIAL AREA IN COUNCIL BLUFFS, IA. SEVERAL HOUSES ARE LOCATED IN THE SAME CITY BLOCK AS THE FACILITY. A PUBLIC GRADE SCHOOL IS LOCATED WITHIN 4 BLOCKS OF THE SITE, AND SCHOOL CHILDREN ROUTINELY CUT THROUGH AN ALLEY ON THE SITE GOING TO AND FROM SCHOOL. THE U.S. EPA, REGION VII CONDUCTED A SITE INVESTIGATION IN 1989, WHICH FOUND ELEVATED CONCENTRATIONS OF LEAD BOTH IN SOILS ON THE RBMC FACILITY, AND IN NEIGHBORING RESIDENTIAL YARDS. WHEN ATTEMPTS TO NEGOTIATE AN ADMINISTRATIVE CONSENT ORDER WERE NOT SUCCESSFUL, EPA ISSUED A UNILATERAL ORDER TO RBMC AND THE GRANTS, REQUIRING THEM TO CONDUCT A CERCLA REMOVAL ACTION TO ADDRESS LEAD CONTAMINATION ON THE RBMC AND NEIGHBORING PROPERTIES. THEY SUBMITTED A REMOVAL ACTION WORK PLAN WHICH, EVEN AFTER AN OPPORTUNITY TO REVISE THE WORK PLAN IN ACCORDANCE WITH EPA'S COMMENTS, DID NOT MEET THE REQUIREMENTS OF THE ORDER. EPA THEN CONDUCTED THE REMOVAL ACTION. WHILE WE WERE COMMUNICATING WITH THE PRPS ON THEIR WORK PLAN, WE RECEIVED REPORTS FROM NEIGHBORING RESIDENTS THAT, AT NIGHT, RBMC WAS DIGGING UP AND HAULING OFF SOILS FROM PORTIONS OF ITS PROPERTY KNOWN TO BE CONTAMINATED.