THE STATUTE WHICH IS THE BASIS FOR THE PROPOSED ACTION. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, SECTION 107. 42 U.S.C. SECTION 9607. THE VIOLATION UPON WHICH THE ACTION IS BASED. ON APRIL 4, 1985, A FIRE DESTROYED THE HELDT CHEMICAL COMPANY WAREHOUSE WHICH CONTAINED LARGE QUANTITIES OF VARIOUS PESTICIDES. AS A RESULT OF THE FIRE AND THE FIRE- FIGHTING EFFORT, THERE WAS A RELEASE OF HAZARDOUS SUBSTANCES (PHORTATE AND 2,4-D) AND OTHER POLLUTANTS AND CONTAMINANTS INTO THE ENVIRONMENT WHICH POSED AN IMMINENT AND SUBSTAN- TIAL DANGER TO PUBLIC HELATH AND THE ENVIRONMENT. PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C. SECTION 9604, EPA CONDUC TED A REMOVAL ACTION TO PROTECT THE PUBLIC HEALTH AND THE ENVIRONMENT. EPA'S REMOVAL ACTION WAS CONSISTANT WITH THE NATIONAL CONTINGENCY PLAN, 40 C.F.R. SECTION 300.65. THE PROPOSED RELIEF TO BE SOUGHT. MONETARY RELIEF IN THE AMOUNT OF EPA'S RESPONSE COSTS WHICH TOTAL $1,073,285.99 AS OF JUNE 28, 1985. HOWEVER, COST DOCUMENTATION HAS NOT BEEN COMPLETED. IT IS ANTICIPATED EPA'S RESPONSE COST WILL BE APPROXIMATELY $1.4 MILLION. THE RECENT CONTACTS WITH THE DEFENDANT, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS, TAKEN, AND NEGOTIATIONS, IF ANY. DEFENDANT IS BEING REPRESENTED BY COUNSEL TO THE LIMITS OF HIS INSURANCE POLICY ($500,000). A ME