USX OWNS AND OPERATES A FULLY INTEGRATED STEEL MILL IN GARY, INDIANA. THE FACILITY DISCHARGES WASTEWATER SUBJECT TO A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT INTO LAKE MICHIGAN AND THE GRAND CALUMET RIVER. THE FACILITY ALSO PROCESSES AND USES SEVERAL TOXIC CHEMICALS AT THE FACILITY WHICH ARE SUBJECT TO EPCRA REPORTING REQUIREMENTS. A LITIGATION REPORT DOCUMENTS ADDITIONAL VIOLATIONS OF THE CWA BY USX SINCE THE ORIGINAL MARCH 31, 1995, LITIGATION REPORT. THESE VIOLATIONS ARE OF THE SAME TYPE AS THOSE DESCRIBED IN THE ORIGINAL REPORT. SPECIFICALLY, USX CONTINUES TO VIOLATE TERMS IN ITS NPDES PERMIT, INCLUDING FINAL EFFLUENT LIMITS AND BYPASS AND MONITORING PROVISIONS, AND HAS HAD A NUMBER OF UNAUTHORIZED DISCHARGES OF OIL FROM ITS GARY WORKS FACILITY. A COMPLAINT HAS NOT YET BEEN FILED IN THIS CASE. IN ADDITION, THE LITIGATION REPORT DOCUMENTS NEWLY DISCOVERED VIOLATIONS OF EPCRA. SPECIFICALLY, USX HAS FAILED TO FILE FORM R REPORTS FOR SEVERAL TOXIC CHEMICALS USED AND PROCESSED AT ITS GARY WORKS FACILITY, IN VIOLATION OF SECTION 313 OF EPCRA, 42 U.S.C. SEC. 11023. THE INJUNCTIVE RELIEF NECESSARY TO RESOLVE THE CWA VIOLATIONS CONSISTS OF AN ORDER COMPELLING ACTIONS TO ASSURE COMPLIANCE WITH EFFLUENT LIMITS APPLICABLE TO THE FACILITY, AS WELL AS MEASURES AND MONITORING REQUIREMENTS TO STOP THE DISCHARGE OF OIL FROM CERTAIN FACILITY OUTFALLS. THE BOTTOM LINE