SMITH OWNS AND OPERATES A MANUFACTURING FACILITY LOCATED AT 530 N. 2ND STREET, CAMBRIDGE, OH, WHERE IT MAKES PREFABRI- CATED STEEL WALL UNITS. IN THE PROCESS, SMITH GENERATES PROCESS WASTEWATER FROM THE CHEMICAL CONVERSION COATING OF ALUMINUM. THIS WASTEWATER IS A RCRA HAZARDOUS WASTE AND FOR A PERIOD OF TIME WAS DIVERTED INTO SURFACE IMPOUNDMENTS. - THESE SURFACE IMPOUNDMENTS WERE THE SUBJECT OF AN ADMINISTRA TIVE COMPLALINT IN 1986. THE COMPLAINT WAS RESOLVED IN 1988 BY THE ENTRY OF A CONSENT AGREEMENT AND FINAL ORDER (CAF0). THE CAFO OBLIGATED SMITH TO IMPLEMENT AND MAINTAIN A GROUND- WATER MONITORING SYSTEM, TO SUBMIT CLOSURE AND POST-CLOSURE PLANS FOR THE IMPOUNDEMENTS AND TO ESTABLISH AND MAINTAIN FI NANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE. - SINCE THE ENTRY OF THE CAFO, SMITH HAS BEEN REMISS IN THE PERFORMANCE OF ITS DUTIES UNDER THE AGREEMENT. THE GROUND- WATER MONITORING PLAN WAS OPERATED IMPROPERLY FOR A TWO YEAR PERIOD; THE CLOSURE PLAN WAS SUBMITTED LATE, DISAPPROVED, AND NEVER, AS REQUIRED BY THE CAFO, RESUBMITTED WITH MODIFI- CATIONS; FINANCIAL ASSURANCE FOR CLOSURE HAS NEVER BEEN ESTA BLISHED; NOR HAS SMITH MAINTAINED SUDDEN AND NONSUDDEN LIA- BILITY COVERAGE. - BECAUSE OF THIS POOR PERFORMANCE HIS