THE VIOLATION(S) UPON WHICH THE ACTION IS BASED. THE SMUGGLER MOUNTAIN SITE IS LOCATED WITHIN ONE MILE OF ASPEN, COLORADO. THE SITE COVERS APPROXIMATELY 110 ACRES AND IS ADJACENT TO THE ROARING FORK RIVER. THE HAZARDOUS SUBSTANCES ON THE SITE, LEAD AND CADMIUM, AMONG OTHERS, RESULTED FROM THE MINING, AND MILLING OPERATIONS OF SMUGGLER-DURANT AND OTHER COMPANIES. THE MINE WASTES ON THE SITE CONSTITUTE AN ACTUAL AND POTENTIAL THREAT TO THE PUBLIC HEALTH, WELFARE AND THE ENVIRONMENT THROUGH THE RELEASE AND THREATENED RELEASE OF THESE SUBSTANCES INTO THE GROUND WATER , SURFACE WATER AND AIR. EPA HAS INCURRED AND IS INCURRING RESPONSE COSTS CONSISTENT WITH THE NATIONAL CONTIGENCY PLAN. EPA WILL INCUR FUTURE COSTS IN EITHER UNDERTAKING THE REMEDIAL DESIGN/REMEDIAL ACTION AT THE SITE OR IN OVERSEEING THE DEFENDANTS' PERFORMANCE OF THE REMEDY. THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLE- MENT, IF APPLICABLE. A. INJUNCTIVE RELIEF REQUIRING DEFENDANTS, JOINTLY AND SEVERALLY, TO REMEDY THE IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT CAUSED BY THE CONTAMINATION AT THE SITE. B. RECOVERY OF PAST AND FUTURE RESPONSE COSTS. THESE COSTS ARE EXPECTED TO AMOUNT TO APPROXIMATELY $1,200,000 IF THE DEFENDANTS PERFORM THE REMEDY.