ON OR ABOUT 10/29/97, RESPONDENT SHIPPED HAZARDOUS WASTE FROM THE FACILITY TO THE CLEAN HARBORS ENVIRONMENTAL SERVICE, INC. FACILITY NEAR KIMBALL, NE. DURING TRANSPORT, THIS BULK SHIPMENT WAS SENT BY RAILROAD TANK CAR TO A TRANSFER FACILITY IN STERLING, CO, WHERE IT WAS THEN OFF-LOADED TO TANK TRUCKS FOR TRANSPORT TO THE DESIGNATED FACILITY DESCRIBED ABOVE. A STATE OF COLORADO INSPECTOR OBSERVED THE MATERIAL BEING STORED AT THE TRANSFER FACILITY. ALTHOUGH THE SIGNED MANIFEST FOR THE SHIPMENT WAS NOT RECEIVED BY THE RESPONDENT WITHIN THE SPECIFIED TIME, THUS TRIGGERING THE OBLIGATION TO SUBMIT AN EXCEPTION REPORT, RESPONDENT DID NOT SUBMIT AN EXCEPTION REPORT FOR THIS SHIPMENT. EPA HAS DETERMINED THAT AN APPROPRIATE PENALTY FOR THIS VIOLATION IS $4,500. RESPONDENT AGREES UNDER THE 22 RULE WHICH IS ENTERED INTO BY THE PARTIES FOR THE PURPOSE OF SIMULTANEOUSLY COMMENCING AND CONCLUDING THIS MATTER.