THE MINEREC FACILITY PRODUCES VARIOUS CHEMICALS FOR THE MINING INDUSTRY THAT INVOLVE THE PRODUCTION AND/OR USE OF HAZARDOUS CHEMICALS. DUE TO THE HAZARDOUS NATURE OF THE CHEMICALS, MINEREC'S LACK OF SAFE OPERATING PROCEDURES, THE COMPANY'S POOR PERFORMANCE HISTORY, THE PROXIMITY OF RESIDENCES, AND THE LACK OF STATE, LOCAL, OR TRIBAL REGULATION OF MINEREC, THE COMPANY PRESENTS AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH OR WELFARE, OR THE ENVIRONMENT. THE DEFENDANTS MUST DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES AND EMERGENCY RESPONSE PROCEDURES WHICH ALLOW THE FACILITY TO OPERATE WITH MINIMUM RISK TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT.