THIS PRE-REFERRAL PACKAGE INVOLVES THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107 AND 122 OF CERCLA. THE SUBJECT OF THIS ACITON IS THE ASARCO SMELTER, PART OF THE COMMENCEMENT BAY NEARSHORE/TIDEFLATS SUPERFUND SITE IN RUSTON AND TACOMA, WA. THE PRP FOR THE ASARCO SMELTER IS ASARCO INC. EPA'S INTENT IS TO ENTER INTO NEGOTIATIONS, IF APPROPRIATE, FOR A CONSENT DECREE FOR RD/RA, UNDER WHICH ASARCO WOULD PERFORM AN INTERIM REMEDIAL ACTION AT THE SITE. THE ASARCO SMELTER COVERS APPROXIMATELY 67 ACRES AND IS SURROUNDED BY PRIMARILY RESIDENTIAL AND RECREATIONAL PROPERTY, WITH SOME COMMERCIAL PROPERTY. THE FACILITY IS LOCATED ALONG THE SHORELINE OF COMMENCEMENT BAY, WHICH IS AT THE SOUTHERN END OF PUGET SOUND, THE SMELTER NO LONGER OPERATES BUT PAST OPERATIONS AND EMISSIONS FROM THE SMELTER HAVE LEFT LARGE AMOUNTS OF ARSENIC-CONTAINING WASTE AT THE SMELTER SITE AND RESIDUES OF ARSENIC AND OTHER HEAVY METALS IN THE AREAS SURROUNDING THE SMELTER. BY ADMINISTRATIVE ORDER ON CONSENT DATED 9/26/86, ASARCO AGREED TO DEVELOP, UNDER EPA OVERSIGHT, A RI/FS FOR CLEANUP OF THE SMELTER AREA. ASARCO AND EPA HAVE HAD SEVERAL DISAGREEMENTS ON HOW THE RI/FS SHOULD BE CONDUCTED. ASARCO PAID A PENALTY IN THE AMOUNT OF $75,000 ON SEPTEMBER 20, 1993 FOR LATE COMPLETION OF THE RI/FS. THE FINAL RI/FS SUBMITT