NATURE OF THE CASE SINCE 1976, IWC HAS TREATED RAILROAD TIES WITH CREOSOTE AND TAR COMPOUNDS, AND DEPOSITED HAZARDOUS WASTE GENERATED FROM THIS PROCESS IN SURFACE IMPOUNDMENTS, A WASTE PILE AND AND A STREAM ON ITS PROPERTY. IWC FAILED TO PROPERLY NOTIFY EPA OF ITS ACTIVITY AND TO APPLY FOR A PERMIT IN 1980, AS REQUIRED BY RCRA. IWC HAS ALSO VIOLATED ALL THE REGULATIONS APPLICABLE TO INTERIM STATUS FACILITIES AT 40 CFR PART 265. AS A RESULT, CARCINOGENIC, MUTAGENIC, TOXIC AND TERATAGENIC COMPOUNDS ARE CONTAMINATING THE CREEK AND ARE LIKELY TO BE CONTAMINATING THE GROUNDWATER. CAUSE OF ACTION AND REMEDY SOUGHT THIS MEMORANDUM RECOMMENDS THE FILING OF A CIVIL ACTION UNDER SECTIONS 3008(A),(H) AND 7003 OF RCRA 42 U.S.C. SECTIONS 6928(A), 6928(H) AND 6973 TO SEEK COMPLIANCE WITH THE APPLICABLE REGULATIONS, A STUDY TO DETERMINE THE NATURE AND EXTENT OF THE CONTAMINATION PRESENT, AND A COMPLETE ENVIRONMENTAL CLEANUP. IN ADDITION, A CIVIL PENALTY OF $300,000 IS RECOMMENDED. ISSUES OF NATIONAL SIGNIFICANCE REGION V RECOMMENDS THAT THE CORRECTIVE ACTION AUTHOR- ITY CONTAINED IN SECTION 3008(H) BE USED TO OBTAIN THE CLEANUP SOUGHT. THAT SECTION WAS ADDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 AND, AS SUCH, MAY BE CON- SIDERED A PRECEDENTIAL USE OF THAT AUT