NATURE OF THE CASE THE DEFENDANT IS ONE OF THE NATION'S LARGEST ELECTRIC UTILITIES, SERVING THE METROPOLITAN CHICAGO, ILLINOIS AREA AND ADJACENT REGION. THE DEFENDANT HAS A RECORD OF INTEN- TIONALLY VIOLATING THE PCB PROVISIONS OF 6(E) OF TSCA. TSCA'S PCB REGULATIONS (40 C.F.R. 761 ET SEQ.) PROVIDE THAT, INTER ALIA THAT PCB'S MAY ONLY BE DISPOSED OF IN AN APPROV- ED INCINERATOR. INITIAL REGULATIONS PROHIBITED THE UNCON- TROLLED DISPOSAL OF PCB'S IN CONCENTRATIONS EXCEEDING 500 PPM. THIS REGULATION WAS SUBSEQUENTLY AMENDED TO REDUCE THE PERMISSIBLE CONCENTRATION LEVEL TO 50 PPM. MOREOVER, BASED UPON INSPECTIONS CONDUCTED AT A NUMBER OF GEOGRAPHICALLY SCATTERED SITES THROUGHOUT NORTHERN ILLINOIS, IT APPEARS THAT THE PCB CONTAMINATION PROBLEMS ARE PER- VASIVE AND CONTINUING. CAUSE OF ACTION THE IMPROPER DISPOSAL OF PCB'S IN CONCENTRATION LEVELS IN EXCESS OF 50 PPM IS A VIOLATION OF 5(E) OF TSCA AND OF THE REGULATIONS PROMULGATED PURSUANT TO IT; 40 C.F.R. 761.10(A) AND 40 C.F.R. 761.40(E)(1) (THE ORIGINAL REGULA- TIONS CONTROLLED SUCH DISPOSALS IN CONCENTRATIONS IN EXCESS OF 500 PPM; IN 1979 THE APPLICABLE REGULATIONS WERE AMENDED TO APPLY TO DISPOSALS OF CONCENTRATIONS OF PCB'S IN EXCESS OF 50 PPM.) THE VIOLATION OF THESE REGULATIONS IS A VIOLA- TION OF 15 OF TSCA.