BACKGROUND AND NATURE OF CASE THIS REFERRAL FROM REGION III INVOLVES RECOVERY OF FUNDS SPENT FOR AN IMMEDIATE REMOVAL ACTION AT THE TYSON'S DUMP SITE IN UPPER MERION TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA. THE SITE WAS ACTIVE FROM APPROXIMATELY 1961 TO 1969, DURING WHICH PERIOD IT CONSISTED OF A SERIES OF SEVEN LAGOONS WHICH WERE USED FOR THE DISPOSAL OF CESSPOOL AND INDUSTRIAL WASTES. THE SITE WAS OWNED AND OPERATED BY FRANK TYSON FROM 1960 UNTIL 1968, WHEN TYSON AND REPRESENTA- TIVES OF GENERAL DEVICES, INC., FORMED FAST POLLUTANT TREAT- MENT, INC., WHICH THEN PURCHASED AND OPERATED THE SITE UNTIL 1969. THE PROPERTY WAS ACQUIRED IN NOVEMBER 1969 BY GENERAL DEVICES, INC. GENERAL DEVICES IS NOT KNOWN TO HAVE DIS- POSED OF WASTES INTO THE LAGOONS AFTER THE TIME OF THEIR PURCHASE. GENERAL DEVICES CLAIMS THAT IT EMPTIED THE LAGOONS AND BACKFILLED THEM IN 1973. IN EARLY 1983, EPA BEGAN SAMPLING AT THE SITE AND FOUND SEVERAL HAZARDOUS SUBSTANCES IN THE SOIL AND IN SEEPS FROM THE SITE, AS WELL AS IN THE STREAM ADJACENT TO THE SITE. LEACHATE HAS BEEN DETECTED SEEPING FROM THE SITE AND MOVING IN THE DIRECTION OF THE NEARBY SCHUYLKILL RIVER. THE SUB- STANCES, DETECTED BOTH ON AND OFF-SITE, INCLUDED XYLENE, BENZENE, CHLOROFORM, ETHYLBENZENE AND TRICHLORETHYLENE. APPROXIMATELY 1000 PEOPLE LIVE AND WORK WITHIN 1/4 MILE OF THE SITE AND 5000 PEOPLE LIVE AND WORK