DATE REFERRED WAS 09/26/90. THIS CASE CONCERNS THE TRANSPORATION AND DISPOSAL OF SLUDGES FROM THE MARTIN MARIETTA ASTRONAUTICS GROUP ( MARTIN MARIETTA ) INDUSTRIAL WASTEWATER TREATMENT PLANT ( IWTP ) AT MARTIN MARIETTA'S WATERTON, CORLORADO FACILITY. THE VIOLATIONS TO BE ALLEGED ARE ALL UNDER THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT, AS FURTHER AMENDED BY THE HAZARDOUS AND SOLID WASTE ACT, 42 U.S.C. 6901 ET SEQ. (HEREINAFTER REFERRED TO AS RCRA OR THE ACT AND INCLUDE VIOLATIONS OF THE HAZARDOUS WASTE DETERMINATION, MANIFEST, LAND DISPOSAL RESTRICTIONS AND DISPOSAL REQUIREMENTS. THE IWTP AND WASTEATER DISCHARGES THEREFROM, ARE REGULATED UNDER A COLORADO POLLUTION DISCHARGE ELIMINATION SYSTEM ( COPDES ) PERMIT ISSUED BY THE STATE OF COLORADO. SLUDGES GENERATED BY THE IWTP ARE NOT REGULATED UNDER THE COPDES PERMIT. THE IWTP FORMERLY CONSISTED OF THREE DISTINCT PHASES OR PROCESSES. EACH PROCESS GENERATED SLUDGES. THE WASTEATER TREATED AT THE IWTP MOVED THROUGH EACH IN SUCCESSION. THE THIRD PHASE WAS AN AERATION POND. THE AERATION POND WAS IN USE FROM CONSTRUCTION IN 1972, THROUGH 1985. MARTIN MARIETTA SHIPS THE SLUDGE FROM THE FIRST PHASE TO RCRA REGULATED FACILITIES AS HAZARDOUS WASTE (RCRA HAZARDOUS WASTE NUMBER F019). MARTIN MARIETTA H