ON OR ABOUT 10/7/91 AN AUTHORIZED INSPECTOR FOR THE EPA CONDUCTED AN INSPECTION OF THE LEA TO DETERMINE COMPLIANCE WITH AHERA AND ITS REGULATIONS. INSPECTOR OBSERVED THAT THE RESPONDENT FAILED TO COLLECT AIR SAMPLES USING AGGRESSIVE SAMPLING. THIS IS IN VIOLATION OF 40 C.F.R 763.90(I)(2)(I). RESPONDENT ALSO FAILED TO COLLECT 5 AIR SAMPLES FOR FINAL CLEARANCE. THIS IS IN VIOLATION OF 40 C.F.R. 763.90(I)(5). RESPONDENT ALSO FAILED TO HAVE THE REMOVAL RESPONSE ACTION DESIGNED OR CONDUCTED BY ACCREDITED PERSONS, WHICH CONSTI- TUTES FAILURE TO COMPLY WITH 40 C.F.R. 763.90(G). PROPOSED PENALTY IS $39,000. RESPONDENT MAY CONTEST THESE ALLEGATIONS BY FILING A WRITTEN ANSWER WITHIN 20 DAYS OF RECEIPT OF THIS COMPLAINT.