ON MAY 28, 1992, EPA REGION IX ISSUED A RCRA ADMINISTRATIVE COMPLAINT AGAINST RESPONDENTS D.M.I. AVIATION, INC. AND ITS PRESIDENT, HOWARD OSERAN. THE COMPLAINT PROPOSED A $1,557,286 PENALTY FOR ALLEGED RCRA SUBTITLE C VIOLATIONS AT D.M.I. AVIATION'S FORMER AIRCRAFT SALVAGE FACILITY IN TUCSON, ARIZONA. THE FACILITY'S HISTORICAL OPERATIONS HAD GENERATED ALUMINUM DROSS ESTIMATED TO BE IN EXCESS OF 500 TONS. THE WASTE REMAINS STORED AT THE FACILITY TO THIS DATE. ON MARCH 11, 1993, A CHAPTER 11 BANKRUPTCY PETITION WAS FILED ON BEHALF OF D.M.I. AVIATION IN THE DISTRICT OF ARIZONA BANKRUPTCY COURT IN TUCSON. ACTING REGIONAL ADMINISTRATOR JOHN WISE THIS WEEK REFERRED A LITIGATION REPORT CONCERNING D.M.I. AVIATION TO THE DEPT. OF JUSTICE. THE REPORT DOCUMENTED EPA'S PRIOR ORAL REQUEST THAT A PROOF OF CLAIM BE FILED IN BANKRUPTCY COURT UNDER 11 U.S.C. 501 TO PRESERVE EPA'S ABILITY TO COLLECT THE PROPOSED ADMINISTRATIVE PENALTY, AS WELL AS POSSIBLE FUTURE CERCLA RESPONSE COSTS. THE U.S. ATTORNEY IN TUCSON FILED THE PROOF OF CLAIM ON JULY 21, 1993.