ON 9 OCTOBER 1984, THE FACILITY, PEPPER INDUSTRIES, INC., FILED FOR BANKRUPTCY UNDER CHAPTER 11 OF THE BANKRUPTCY CODE. ON 15 NOVEMBER 1984, REGION 9 SENT AN EXPEDITED RE- FERRAL OF THIS MATTER, REQUESTING THAT A PROOF OF CLAIM BE FILED IN THE BANKRUPTCY ACTION. ON 16 NOVEMBER 1984, THE UNITED STATES FILED A PROOF OF CLAIM. SINCE THAT TIME, REGION 9, THE U.S. DEPT. OF JUSTICE & THE U.S. ATTORNEY'S OFFICE HAVE BEEN WORKING CLOSELY TO PRESERVE THE GOVT'S INTERESTS IN THIS MATTER. AS PART OF THIS EFFORT THE GOVT NEGOTIATED SETTLEMENT OF 2 OUTSTANDING ADMINISTRA- TIVE ACTIONS AGAINST PEPPER. THIS SETTLEMENT REQUIRES PEP- PER TO INFUSE AT LEAST $150,000 INTO A CLOSURE TRUST FUND SET UP UNDER THE PROVISIONS OF THE RESOURCE CONSERVATION & RECOVERY ACT (RCRA), AND TO SUBMIT BOTH A DETAILED SOIL SAMPLING & ANALYSIS PLAN AND A CLOSURE PLAN FOR EPA. ON 8 NOVEMBER, THE U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ISSUED AN ORDER CONFIRMING THE REORGA NIZATION PLAN. AT THE GOVT'S REQUEST, THE HON. JAMES W. MEYERS INCLUDED, AS A CONDITION OF HIS ORDER, A PROVISION ORDERING PEPPER TO COMPLY WITH AN ADMINISTRATIVE SETTLEMENT AGREEMENT EXECUTED WITH EPA. UNDER THIS AGREEMENT, PEPPER WAS REQUIRED TO SUBMIT A DETAILED SAMPLING & ANALYSIS PLAN AND A CLOSURE PLAN TO EPA BY OCTOBER 30, 1986. TO DATE, EPA RECEIVED FROM PEPPER NEITHER AN ADEQUATE CLOSURE NOR A SAMPLING & ANALYSIS PLAN.