THIS REFERRAL IS BEING SENT TO DOJ TO PROTECT THE IN- TERESTS OF THE EPA UNDER THE TERMS OF A CONSENT AGREEMENT WITH CHARLES ROSS WELTY DBA TRI-STATE OIL RECLAIMERS GIVEN THE BANKRUPTCY FILING OF MR. WELTY. THE RESPONDENT AGREED TO PAY THE EPA THE PENALTY SUM OF $40,000 IN 5 EQUAL INSTALLMENTS. THE FIRST PAYMENT WAS MADE ON TIME AND THEREAFTER, THE RESPONDENT FILED A PETITION IN THE U.S. BANKRUPTCY COURT IN SEPTEMBER OF 1997.