Date: June 11, 1998

CASE NOS. 97-WPC-2
    97-WPC-5

In the Matter of

DOUGLAS V. PFINGSTON
    Complainant

    v.

LEAK ALERT SERVICE COMPANY, INC.,
L.A.S. INCORPORATED,
LAS-API, ADAMS INSTRUMENTATION,
ROMA SALES COMPANY, INC.
    Respondents

Gary Carlin, Esq.
    555 E. Ocean Boulevard, Suite 918
    Long Beach, CA 90802
       For Complainant

William Beverly, Esq.
    Beverly & Hart
    3424 Carson Street, Suite 400
    Torrance, CA 90503
       For Respondents

Before: ALFRED LINDEMAN
    Administrative Law Judge

   Complainant having been granted relief from the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. §362(a), the complaint was duly noticed for hearing June 19, 1998, under the Federal Water Pollution Control Act (FWPCA). 33 U.S.C. §1367; 29

C.F.R. Parts 18 and 24. Having considered all responses to the Order to Show Cause, dated May 28, 1998, it is hereby found that: 1) Roma Sales Company, Inc., et al., the party that requested the scheduled FWPCA hearing pursuant to 29 C.F.R. §24.4(d)(3)(i)(1997), has failed to comply with the Pre-Trial Order, will not appear at the hearing and no longer opposes or contests the "notification of findings and remedial action" of the District Director, dated October 18, 1996, and August 26, 1997; 2) the defense(s) to the complaint(s) and requests for hearing are dismissed for cause; and 3) the "findings and remedial action" of the District Director, dated October 18, 1996, and August 26, 1997, are adopted and incorporated herein by reference.

   This Decision and Order shall become the "Final Order of the Secretary of Labor" unless a petition for review is filed within ten days pursuant to 29 C.F.R. §§24.7(d), 24.8(a)(1998). 29 C.F.R. §24.5(e)(4)(ii)(1997); 29 C.F.R. §24.6(e)(4)(ii)(1998).

   The June 19, 1998, hearing is canceled.

   SO ORDERED.

      ALFRED LINDEMAN
      Administrative Law Judge

San Francisco, California
AL:ms