THIS REFERRAL IS MADE TO SUPPORT THE FILING OF TWO COUNTER CLAIMS IN MUNICIPAL AND INDUSTRIAL DISPOSAL CO. V. THOMAS, CIVIL ACTION NO. 88-2631 (W. D. PA.). MUNICIPAL AND INDUSTRIAL (M&I) OWNS AND OPERATES AN INACTIVE HAZARDOUS WASTE LANDFILL IN ALLEGHENY COUNTY, PENNSYLVANIA. EPA REGION III FILED AN ADMINISTRATIVE COMPLAINT FEBRUARY 28, 1985, PURSUANT TO SECTION 3008(A) OF RCRA CHARGING THAT THE COMPANY HAD VIOLATED 25 PA. CODE SECTION 75.265(N)(7-9) BY FAILING TO DEVELOP AN ADEQUATE GROUNDWATER MONITORING PLAN AND BY FAILING TO IMPLEMENT GROUNDWATER MONITORING. AN ALJ RULED JUNE 30, 1987, THAT THE COMPANY HAD VIOLATED THESE REGULATIONS, IMPOSED A $25,250 PENALTY AND ORDERED M&I TO IMPLEMENT GROUNDWATER MONITORING. M&I APPEALED TO THE ADMINISTRATOR. IN A FINAL DECISION DATED NOVEMBER 1, 1988, THE AGENCY'S CHIEF JUDICIAL OFFICER UPHELD THE ALJ'S RULING. THE COMPANY FILED A LAWSUIT DECEMBER 1, 1988, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT SEEKING REVIEW OF THE FINAL DECISION. IN ITS COUNTERCLAIM, EPA WILL SEEK ENFORCEMENT OF THE PENALTY PROVISIONS OF THE FINAL DECISION AND IMPOSITION OF CIVIL PENALTIES FOR FAILURE TO PAY PURSUANT TO SECTION 3008 OF RCRA. IN ADDITION, EPA WILL SEEK IMPOSITION OF CIVIL PENALTIES UPON M&I FOR ITS FAILURE TO COMPLY WITH AN ORDER ISSUED MARCH 11, 1987, PURSUANT TO SECTION 3013 OF RCRA, DIRECTING IT TO PERFORM A HYDRO GEOLOGIC STUDY OF THE FACILITY, INCLUDING SAMPLING OF GROUND WATER AND SURFACE WATER. IMPOSITION OF CIVIL PENALTI