THIS PRE-REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107 AND 122 OF CERCLA. OPERATIONS AT THE SITE BEGAN IN 1956 WHEN, UNDER CONTRACT WITH THE U S ATOMIC ENERGY COMISSION, WAH CHANG CORP BEGAN OPERATION OF THE U S BUREAU OF MINES, ZIRCONIUM METAL SPONGE PILOT PLANT. IN ADDITION TO INITIAL ZIRCONIUM AND HALFNIUM SPONGE PRODUCTION, NEW FACILITIES WERE SUBSEQUENTLY ADDED FOR THE PRODUCTION OF TANTALUM AND NIOBIUM, AS IN 1967 WHEN TELEDYNE INDUSTRIES INC PURCHASED WAH CHANG CORP OF NEW YORK AND BECAME OWNER/OPERATOR OF THE FACILITY. TELEDYNE INDUSTRIES INC, THE ONLY IDENTIFIED PRP FOR THE SITE, ENTERED INTO A CONSENT ORDER WITH EPA 5/87 TO CONDUCT A RI/FS FOR THE SITE. IN SUMMER OF 1988 EPA AND TWCA DECIDED TO SEPARATE TWO SLUDGE PONDS AS AN OPERABLE UNIT FROM THE REST OF THE SITE. A ROD WAS SIGNED FOR THE OPERABLE UNIT ON 12/28/98, WHICH SET FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. THE SELECTED REMEDY CONSISTS OF EXCAVATING, PARTIALLY SOLIDIFYING, AND TRANSPORTING THE SLUDGE TO A SOLID WASTE LANDFILL OFF-SITE. THE PARTIES HELD A PRELIMINARY NEGOTIATION SESSION ON 1/17/90, PRIMARILY TO DISCUSS POSSIBLE WAYS OF EXPEDITING THE SETTLEMENT PROCESS. THE PARTIES ARE IN UNANIMOUS AGREEMENT THAT IT WOULD BE IN EVERYO