THIS REFERRAL SEEKS INJUNCTIVE AND DECLARATORY RELIEF UNDER SECTIONS 3007 AND 3013(D) OF RCRA, 42 USC, 6927 AND 6934(D) AND SECTION 104(E) OF CERCLA, 42 USC, 9604(E), AGAINST DEFENDANTS WILLARD AND NORMA JEAN JONES WHO OWN REAL PROPERTY IMMEDIATELY ADJACENT TO, AND DOWNGRADIENT FROM, DEWILS INDUSTRIES INC. THE RELEASE OF HAZARDOUS SUBSTANCES FROM DEWILS HAS BEEN DOCUMENTED AND AN ORDER HAS BEEN ISSUED TO DEWILS PURSUANT TO SECTION 3013 OF RCRA, 42 USC, 6934. THE ORDER REQUIRES, AMONG OTHER THINGS, THAT DEWILS CONDUCT GROUNDWATER MONITORING DOWNGRADIENT OF ITS FACILITY. BECAUSE DEFENDANTS HAVE DENIED DEWILS ACCESS TO THE DEFENDANTS' PROPERTY, DEWILS IS UNABLE TO COMPLY WITH THE ORDER UNLESS AND UNTIL THE EPA OBTAINS ACCESS. FOR CERCLA PURPOSES, JONES IS PROBABLY AN INNOCENT LANDOWNER. IN MAKING THIS REFERRAL, EPA SHOULD NOT TAKE A JUDGMENT FOR ATTORNEYS' COSTS AND FEES AGAINST JONES (EVEN THOUGH HE MAY APPEAR TO HAVE BEEN A HINDRANCE IN THIS MATTER). ADDITIONALLY, IT IS EPA'S INTENT THAT DEWILS INDUSTRIES, AS A CONDITION PRECENDENT TO ITS DESIGNATION AS EPA'S AGENT FOR PURPOSES OF THE PROPOSED ACTIVITY, AGREES TO PAY JONES FOR ANY DAMAGES WHICH OCCUR, HOLDING EPA HARMLESS, AND TO REIMBURSE THE GOVERNMENT ITS COSTS ASSOCIATED WITH BRINGING THIS ACTION. INCLUDED IN REFERRAL PACKAGE ARE THE FOLLOWING DRAFT DOCUMENTS: