SOCCO OWNS AND OPERATES AN UNDERGROUND COAL MINE COMPLEX IN SOUTHEASTERN OHIO, CONSISTING IN PART OF AN ACTIVE MINE, MEIGS MINE NO. 31 ( MEIGS MINE ), AND AN INACTIVE, ADJACENT MINE KNOWN AS RACCOON MINE NO. 3 ( RACCOON MINE ). THE MEIGS AND RACCOON MINES NATURALLY ACCUMULATE ACIDIC WATER THAT CONTAINS IN SOLUTION A NUMBER OF METALS AND OTHER CHEMICALS. PRIOR TO JULY 11, 1993, SOCCO PUMPED ACID MINE DRAINAGE GENERATED BY MEIGS MINE INTO RACCOON MINE FOR STORAGE. A BULKHEAD CONSTRUCTED BY SOCCO SEPERATED THE TWO MINES. ON JULY 11, 1993, DUE TO A STRUCTURAL FAILURE AT OUR NEAR A BULKHEAD SEPARATING THE TWO MINES, APPROXIMATELY 1 BILLION GALLONS OF THE STORED AMD IN RACCOON MINE FLOODED INTO MEIGS MINE. ON AUGUST 30, 1993, THE SIXTH CIRCUIT GRANTED IN PART EPA'S MOTION FOR A STAY OF THE DISTRICT COURT'S INJUNCTION. ON SEPTEMBER 3, 1993, EPA ISSUED AN ADMINISTRATIVE ORDER ESSENTIALLY REQUIRING SOCCO TO CEASE DISCHARGES OF UNTREATED OR PARTIALLY TREATED AMD. IN RESPONSE TO A MOTION BY SOCCO, ON SEPTEMBER 8, 1993, THE DISTRICT COURT ISSUED AN ORDER STAYING EPA'S ADMINISTRATIVE ORDER. ON SEPTEMBER 27, 1994, U.S. EPA REFERRED THIS CASE TO DOJ REQUESTING THAT DOJ FILE A CIVIL ACTION AGAINST SOCCO FOR VIOLATIONS SECTION 301 OF THE CLEAN WATER ACT AND DESCRIBES REGION 5'S SETTLEMENT POSTURE. U.S. EPA AND DOJ DRAFTED A COMPLAINT THAT IS TO BE FILED SIMULTANEOUSLY WITH THE FILING