REFERRAL OF LENZ OIL SERVICE, INC. NATURE OF THE CASE THIS PROPOSED ACTION INVOLVES A SMALL COMPANY LOCATED IN LEMONT, ILLINOIS. LENZ OIL SERVICE, INC. OPERATES A SINGLE FACILITY FROM WHICH IT CONDUCTS ITS BUSINESS OF ROAD GRADING, DITCHING, APPLYING SEAL COATINGS AND WASTE OIL HAULING. DURING THE COURSE OF ITS BUSINESS, LENZ SOMETIMES STORES HAZARDOUS WASTES AT ITS FACILITY, THEREBY COMING WITHIN THE REACH OF THE RCRA REGULATIONS. IN APRIL 1984, REGION V ISSUED A RCRA ADMINISTRATIVE COMPLIANT TO LENZ, ALLEGING THAT LENZ HAD FAILED TO COMPLY WITH THE FINANCIAL REQUIREMENTS OF THE RCRA REGULATIONS AT 40 CFR 265, SUBPART H. THE COMPLAINT PROPOSED A CIVIL PENALTY OF $12,900 FOR THE ALLEGED VIOLATIONS. LENZ DID NOT ANSWER THE COMPLAINT OR IN ANY OTHER WAY RESPOND TO ITS ISSUANCE. IN SEPTEMBER 1984, THE COMPLAINANT MOVED FOR A DEFAULT ORDER FOR FAILURE TO RESPOND TO THE COMPLAINT, AND THAT DEFAULT ORDER WAS ENTERED BY THE REGIONAL ADMINISTRATOR ON SEPTEMBER 4, 1984, MAKING THE PROPOSED PENALTY FINAL. LENZ HAS NOT PAID THAT PENALTY. THIS ACTION IS FOR THE COL- LECTION OF THAT PENALTY AMOUNT, PLUS THE INTEREST ACCRUED SINCE IT WAS DUE, AND COSTS. RELIEF SOUGHT THE RELIEF SOUGHT IN THIS ACTION IS A DISTRICT COURT ORDER REQUIRING LENZ TO PAY TH