SUMMARY AND BACKGROUND DAVID SHILLMAN WAS THE OWNER AND OPERATOR OF A RCRA SUBTITLE C TSD FACILITY LOCATED AT 10370 PETERS ROAD, MID- DLEFIELD, OH. HE ABANDONED THE FACILITY IN 1983, LEAVING A SUBSTANTIAL VOLUME OF HAZARDOUS WASTES THAT WERE SUBSE- QUENTLY REMOVED BY THE U.S. EPA'S EMERGENCY RESPONSE STAFF UNDER THE AUTHORITY OF SECTION 107 OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, OMPENSATION AND LIABILITY ACT. RE- SPONSE COSTS, INCLUDING OVERSIGHT AND INDIRECT COSTS, ARE APPROXIMATELY $415,000, TO DATE. SHILLMAN IS A GRADUATE OF HARVARD LAW SCHOOL, WHO WAS SUSPENDED FROM THE PRACTICE OF LAW IN OHIO IN 1981. HE HAS SINCE REGAINED HIS LICENSE. HE OPERATED THE J. V. PETERS FACILITY, FIRST AS A PARTNER AND LATER AS PRESIDENT, AND HELD AN OPTION TO PURCHASE THE FACILITY AND THE LEASE THERE- ON PERSONALLY. IT IS BELIEVED THAT HE EITHER HAS ASSETS THAT CAN AND SHOULD BE APPLIED TO THE COST OF CLEANING UP HIS FACILITY, WHICH WAS OPERATED IN GROSS VIOLATION OF THE REQUIREMENTS OF THE RESOURCE CONSERVATION AND RECOVERY ACT, OR HAS VOIDABLY TRANSFERRED THOSE ASSETS TO FAMILY MEMBERS OR OTHERS. THE REMOVAL ACTION INVOLVED PROPER DISPOSAL OF SEVERAL THOUSAND DRUMS AND THE CONTENTS OF TWO 20,000-GALLON TANKS CONTAINING A WIDE VARIETY OF CHLORINATED AND NONCHLORINATED SOLVENTS AND OTHER MATERIALS. SHILLMAN SUED THE AGENCY