NATURE OF THE CASE: THE MACON AND DOCKERY SITES ARE LOCATED ON ADJACENT PARCELS OF LAND IN CORDOVA, RICHMOND COUNTY, NORTH CAROLINA. BETWEEN MAY 1979 AND MAY 1981, CHARLES MACON OPERATED A WASTE RECYCLING BUSINESS ON THE MACON PROPERTY. THE BUSINESS HANDLED USED OIL AND VARIOUS HAZARDOUS WASTES. MACON ALSO USED A PORTION OF THE ADJACENT DOCKERY PROPERTY FOR STORAGE AND DISPOSAL PURPOSES. IN MAY 1981, MACON LEASED THE FACILITY TO C&M OIL DISTRIBUTORS, WHICH OPERATED THE FACILITY UNTIL MARCH 1982. ON OCTOBER 17, 1981, CHARLES MACON DIED. THE FACILITY WAS SHUT DOWN, AND A LARGE QUAN- TITY OF WASTE WAS LEFT ON THE PROPERTY. ANALYSIS OF WASTE OIL SAMPLES OBTAINED FROM INPOUND- MENTS ON THE SITE SHOWED EXTREMELY HIGH LEVELS OF LEAD, AND HIGH LEVELS OF BARIUM AND CHROMIUM, AS WELL. GROUNDWATER MONITORING WELLS WHICH WERE INSTALLED ON THE SITE REVEALED CONTAMINATION OF THE SHALLOW AQUIFER WITH ORGANIC CHEMICALS AND WITH CROMIUM. EPA COMMENCED A REMOVAL ACTION AT THE SITE ON NOVEMBER 11, 1983. REUSABLE OIL WAS PUMPED FROM THE IMPOUNDMENTS AND TRANSPORTED TO AN OIL RECYCLING FACILITY. CONTAMINATED SOIL, SLUDGE, AND OTHER WASTE WERE REMOVED AND SENT TO A DISPOSAL FACILITY. THE EMPTY IMPOUNDMENTS WERE FILLED, GRADED, AND SEEDED. THE EPA REMOVAL RAN OUT OF FUNDS, HOWEVER, AND ONE IMPOUNDMENT COULD NOT BE EMPTIED, BUT WAS INSTEAD