REG 3 FILED A SEC 3008(A) ADMINISTRATIVE COMPLAINT ON 12/1/82, ALLEGING THAT W-P HAD IMPROPERLY CLOSED A SURFACE IMPOUNDMENT AT ITS FOLANSBEE, WV FACILITY. IN AN INITIAL DE- CISION, ADMIN LAW JUDGE THOMAS B. YOST RULED 0N 2/5/85, THAT W-P HAD CLOSED THE SURFACE IMPOUNDMENT IMPROPERLY. HE ASSES- SED A CIVIL PENALTY OF $17,500. ADDITIONALLY, HE ORDERED THE COMPANY EITHER TO UNDERTAKE CLEAN CLOSURE OF THE UNIT PUR- SUANT TO 40 CFR SEC 265.228(B) OR TO CLOSE THE IMPOUNDMENT AS A LANDFILL & SUBMIT A CLOSURE & POST-CLOSURE PLAN AS RE- QUIRED BY 40 CFR SEC 265.310. W-P APPEALED THE INITIAL DECISION 3/15/85. DURING THE PEN DENCY OF THE APPEAL, THE COMPANY FILED FOR REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE. W-P THEN FILED A COMPLAINT W/THE BANKRUPTCY COURT FOR THE U.S. DIST. COURT OF WESTERN PA, CLAIMING THAT AUTOMATIC STAY PROVISION OF THE BANKRUPTCY CODE PREVENTED EPA FROM TAKING FURTHER AC- TION ON THE RCRA PROCEEDING. THE JUDICIAL OFFICER ISSUED THE FINAL DECISION 9/16/85, AFFIRMING JUDGE YOST'S INITIAL DECI- SION. THE BANKRUPTCY COURT DISMISSED W-P'S COMPLAINT 10/31 /85, RULING THAT EPA COULD CONTINUE TO DETERMINE & RECTIFY ANY VIOLATIONS OF RCRA, BUT THAT IT COULD NOT SEEK COLLEC- TION OF THE MONETARY FINES SINCE THE COMPANY HAD FILED FOR BANKRUPTCY. W-P THEN FILED SUIT IN FEDERAL COURT, ASKING THE COURT TO ENJOIN EPA FROM ENFORCING THE FINAL DECI