BACKGROUND AND NATURE OF THE CASE STEEL CONTAINER CORPORATION, DOING BUSINESS AS CALUMET CONTAINER COMPANY, OPERATED AS A PAIL AND DRUM RECONDI- TIONING BUSINESS FROM THE 1960'S UNTIL AN APRIL 1982 FIRE DESTROYED THE PLANT BUILDING. THE SITE IS UNUSUAL BECAUSE IT IS LOCATED BOTH IN INDIANA AND ILLINOIS. MR. JOHN JAGIELLA, THE OWNER AND OPERATOR, RECONDITIONED DRUMS BY INVERTING THEM ON CONVEYOR BELTS LOCATED OVER PITS AND SENDING THEM THROUGH AN INCINERATOR. DURING THE OPERATION OF THE FACILITY, NUMEROUS AIR AND WATER POLLUTION ACTIONS WERE FILED BY U.S. EPA AND THE STATES OF ILLINOIS AND INDIANA. THESE ACTIONS ARE STILL PENDING. THE ONLY OUTSTANDING FEDERAL ACTION, HOWEVER, IS A CASE FILED UNDER THE CLEAN AIR ACT IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, HAMMOND DIVISION (CAUSE NO. H82-0026). SUBSEQUENT TO THE 1982 FIRE, A FACILITY INSPECTION REVEALED THAT 69 TRUCK TRAILERS ON SITE CONTAIN SOLIDS AND LIQUIDS IN DRUM STORAGE AS WELL AS LIQUIDS IN BULK STORAGE. ANALYSES INDICATE THAT HAZARDOUS SUBSTANCES ON SITE INCLUDE AROMATIC HYDROCARBONS, XYLENE, ADHESIVES, AND PAINT WASTES. ON APRIL 24, 1982, MR. JAGIELLA WAS FORMALLY ASKED TO VOLUNTARILY CLEAN UP THE SITE. ALTHOUGH HE INITIALLY AGREED TO UNDERTAKE CLEAN UP, HE LATER RENEGED ON THIS COMMITTMENT. SEE APPENDIX A OF THE ON SC