ON OR ABOUT 10/15/97 AND ON OR ABOUT 1/21/98, RESPONDENT SHIPPED HAZARDOUS WASTE FROM THE FACILITY TO THE CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FACILITY NEAR KIMBALL, NEBRASKA. DURING TRANSPORT, THESE TWO BULK SHIPMENTS WERE SENT BY RAILROAD TANK CAR TO A TRANSFER FACILITY IN STERLING, CO. WHERE THE LIQUID PORTIONS OF THE RESPECTIVE SHIPMENTS WERE THEN OFF-LOADED TO TANK TRUCKS FOR TRANSPORT TO THE DESIGNATED FACILITY DESCRIBED ABOVE. A STATE OF COLORADO RCRA INSPECTOR OBSERVED THE MATERIALS BEING STORED AT THE TRANSFER FACILITY, ISSUED COMPLIANCE ADVISORIES TO RESPONDENT AND REFERRED THE MATTER TO EPA FOR FURTHER ACTION. RESPONDENT CONSENTS FOR THE PURPOSES OF THIS SETTLEMENT TO THE PAYMENT OF $3,000 CIVIL PENALTY. THIS ACTION FALLS UNDER EPA'S CONSOLIDATED RULES OF PRACTICE (RULE 22); THEREFORE, NO COMPLAINT WAS ISSUED.