NATURE OF THE CASE ON OCTOBER 28, 1982, THE ENVIRONMENTAL SERVICES DIVI- SION OF U.S. EPA, REGION V COMMENCED AN EMERGENCY RESPONSE ACTION AT THE HIXON PLATING FACILITY IN BUSHNELL, ILLINOIS, TO REMOVE HAZARDOUS PLATING WASTES FROM AN ABANDONED FACILI- TY. GERALD J. HIXON, OWNER AND OPERATOR OF THE PLATING FACILITY, ABANDONED THE SITE IN OCTOBER, 1982, FOLLOWING THE LIQUIDATION OF THE FACILITY'S ASSETS. EMERGENCY ACTION WAS TAKEN TO PREVENT DETERIORATING DRUMS OF CYANIDE WASTE FROM MIXING WITH ACIDS LEFT AT THE SITE. MIXTURE OF THE CYANIDE AND ACID WASTE WOULD RESULT IN THE FORMATION OF DEADLY HYDROGEN CYANIDE GAS. GERALD J. HIXON OWNED THE PROPERTY UNDER A LAND SALES CONTRACT WITH FREDERICK AND ERNA PAYNE AT THE TIME OF THE EMERGENCY RESPONSE. MR. HIXON DEFAULTED ON THE LAND SALES CONTRACT IN LATE 1982. THEREAFTER, MR. AND MRS. PAYNE RE- GAINED THEIR FULL INTEREST IN THE PROPERTY PURSUANT TO A QUIT CLAIM DEED FROM HIXON. MR. AND MRS. PAYNE WERE NOT INVOLVED IN THE PLATING OPERATION. MR. PAYNE WAS THE PER- SON WHO REPORTED THE ABANDONED WASTE TO THE LOCAL AUTHORI- TIES. THE PAYNES ARE AN ELDERLY COUPLE WHO ARE REPORTEDLY ON SOCIAL SECURITY. AT THE TIME OF THE EMERGENCY RESPONSE THE BANK OF BUSHNELL HELD THE KEY TO THE PLATING FACILITY AS A CREDITOR OF GERALD HIXON'S.