MEMO TO HQ 7/22/99 REQUESTING APPROVAL OF LITIGATION REFERRAL REPORT RELATED TO A COST RECOVERY ACTION UNDER CERCLA SECTION 107(A)(3). THIS ACTION SEEKS RECOVERY OF COSTS INCURRED BY EPA IN PERFORMANCE OF A REMOVAL RESPONSE AT THE EPA REGION 2 INDUSTRY COURT SITE, SUFFOLK COUNTY, NY. THE PROPOSED CIVIL ACTION IS A PARALLEL PROCEEDING IN THAT THE PROPOSED DEFENDANT, IS THE SUBJECT OF A CRIMINAL INVEST- IGATION BEING CONDUCTED BY EPA REG 5 CID AND BY THE OFFICE OF U.S. ATTY EDM (MICHIGAN). EPA REGION 2 HAS RECEIVED CONCURRENCE FROM SAC CID REG 5, AND THE RC REG 2. WE HAVE ALSO BEEN ADVISED THAT THE AUSA EDM W/ RESPONSIBILTY FOR CRIMINAL INVESTIGATION, & THE AUSA EDNY W/ RESPONSIBILTY FOR CERCLA COST RECOVERY ISSUES, HAVE SPOKEN ABOUT THIS MATTER IN ANTICIPATION OF RECEIPT OF THIS CIVIL LITIGATION REFERRAL. WE RECOMMEND THAT THE LITIGATION BE FILED BEFORE AUG. 2ND AGAINST THE PROPOSED DEFENDANT. EPA STAFF HAVE BEEN DISCUSSING THIS CASE W/ THE DOJ STAFF AND STAFF AT THE U.S. ATTY'S OFFICE EDNY AND THEY ARE PREPARING TO TIMELY FILE THE LITIGATION IN THE EVENT OF THEIR RECEIPT OF THE CIVIL LIGIGATION REFERRAL. * SITE: INDUSTRY COURT, 171 E. INDUSTRY COURT, DEER PARK, NY. * In 1996, EPA performed a fund-lead removal action under CER