4/28/99: REGION VII SENT A REFERRAL TO DOJ ON APRIL 26, 199 9, FOR A POTENTIAL SUPERFUND COST RECOVERY ACTION AGAINST TH E PROPOSED DEFENDANT SALSBURY CHEMICALS, INC. (SALSBURY), LO CATED IN CHARLES CITY, IOWA. EPA IS SEEKING TO RECOVER MORE THAN $227,000 IN SITE-RELATED COSTS IN THIS ACTION. IT IS EPA'S ASSERTION THAT SALSBURY IS LIABLE UNDER SECTION 107(A)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPE NSATION AND LIABILITY ACT, 42 U.S.C. 9607, AS AN ACETO-TYP E GENERATOR BASED ON UNITED STATES V. ACETO AGRICULTURAL CHE MICALS CORP., 873 F.2D 1373 (8TH CIR. 1989). ON SEVERAL OCC ASIONS FROM APPROXIMATELY 1976 TO 1988, SALSBURY SHIPPED RAW PESTICIDE INGREDIENTS (MALATHION) TO THE INTERCHEM, INC. FA CILITY IN ALTON, IOWA FOR FORMULATION INTO FINISHED PESTICID E PRODUCTS, WHICH WERE THEN SHIPPED FROM THE INTERCHEM, INC. FACILITY BACK TO SALSBURY. EPA BELIEVES THAT SALSBURY'S LI ABILITY STEMS FROM ITS LONG-TERM BUSINESS RELATIONSHIP WITH INTERCHEM AND FROM ITS CONTROL OVER THE INTERCHEM FACILITY'S