REFERRAL OF BUCKEYE PRODUCTS CORPORATION NATURE OF THE CASE THIS CASE INVOLVES LOSS OF INTERIM STATUS AND THE EN- FORCEMENT OF AN ADMINISTRATIVE LAW JUDGE (ALJ) DECISION INITIALLY ENTERED ON DECEMBER 11, 1984. AS OF MAY 29, 1985, BUCKEYE HAD NOT FILED ITS APPEAL OF THE INITIAL DECISION, AND THERREAFTER, AN ORDER WAS ENTERED DECLARING THE INITIAL DECISION A FINAL AGENCY ACTION . BY OPERATION OF LAW, AS OF NOVEMBER 9, 1985, BUCKEYE LOST INTERIM STATUS WHEN IT FAILED TO COMPLY WITH GROUND- WATER MONITORING REQUIREMENTS AT ITS LAND DISPOSAL UNITS. AS DETAILED IN THE LITIGATION REPORT, REGION V ISSUED TO BUCKEYE AN ADMINISTRATIVE COMPLAINT, FINDINGS OF VIOLA- TION, AND ORDER ON NOVEMBER 16, 1983. BUCKEYE ANSWERED DENYING SOME OF THE VIOLATIONS, ADMITTING OTHER VIOLATIONS BUT CLAIMING THEY HAD BEEN CORRECTED, AND ASSERTING THAT THE $35,000 PENALTY WAS EXCESSIVE. THUS, A HEARING WAS HELD IN CHICAGO, ILLINOIS ON JUNE 26 AND 27, 1984. THE ADMINISTRATIVE LAW JUDGE HELD THAT BUCKEYE HAD VIOLATED REGULATIONS OF RCRA AND THAT BUCKEYE WAS LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF $34,500. AMONG OTHER THINGS, BUCKEYE WAS ORDERED TO PROVIDE THE AGENCY WITH A GROUNDWATER MONITORING PROGRAM IN ACCORDANCE WITH 40 CFR 265.90 WHICH HAS BEEN APPROVED BY THE REGIONAL ADMINISTRATOR AS MEETING THE REQUIREMENTS OF 40 CF