BACKGROUND RE PREVIOUS CASE & REQUEST FOR ENFORCEMENT OF CD. ON 12/30/92 THE U.S. ENTERED INTO A JUDICIAL CONSENT DECREE (CIVIL NO. 90-2287) PURSUANT TO RCRA SECTION 3008. THE CD INCLUDED A CIVIL PENALTY OF $25,000 TO BE PAID IN 5 INSTALLMENTS OVER A 12 MONTH PERIOD. THE LAST PAYMENT WAS DUE ON 12/30/93. FAILURE TO TIMELY PAY ANY OF THE INSTALL- MENTS SUBJECTED B & L TO STIPULATED PENALTY PAYMENTS AND INTEREST. THE U.S. ATTY'S OFFICE ISSUED DEMAND LETTERS TO B & L. EPA ASSISTANT RC MADE NUMBEROUR CALLS TO B & L'S COUNSEL SEEKING PAYMENT. ON 12/6/93, REGION II REFERRED THE MATTER TO U.S. ATTY FOR COLLECTION. NO ACTION WAS EVER FILED (DOCKET CASE NUMBER 02-88-0637 CIV. NO. 902287). THE REGION RECENTLY LEARNED THAT B & L FILED FOR VOLUN- TARY BANKRUPTCY UNDER CHAPTER 7 ON FEB. 15, 1994 AND SENDS BANKRUPTCY REFERRAL TO U.S. ATTY SDNJ ON 6/14/96. EPA SEEKS THE FILING OF A CIVIL CLAIM W/ THE BNK CT. FOR THE RECOVERY OF CIVIL PENALTIES PLUS THE STIPULATED PENALTIES & INTEREST WHICH ACCRUED UP TO FEB. 15, 1994. THE DATE B & L FILED FOR BANKRUPTCY. THESE PENALTY CLAIMS ARE PRE-PETITION SINCE THE CD WAS ENTERED PRIOR TO B & L'S BANKRUPTCY PETITION. * THE DEFENDANT B & L WAS A MARKETER OF HAZARDOUS WASTE AND USED OIL BURNED FOR ENERGY RECOVERY UNTIL APPX. APRIL 1993, WHEN B & L'S LANDLORD REFUSED TO RENEW B & L'S LEASE. FACILITY NAME: B & L CORP