ON JULY 25, 2001, U.S. EPA ISSUED AN ADMINISTRATIVE ORDER WHICH IDENTIFIES EXXON MOBIL CORP. AS AN OPERATOR AND TRANSMONTAIGNE, INC. AS AN OWNER. THE SITE KNOWN AS THE MOBIL OIL REFINERY AND BULK STORAGE TERMINAL SITE, IS A FORMER PETROLEUM REFINERY BOUNDED BY BRANCHES OF THE INDIANA HARBOR CANAL WHICH EMPTIES INTO LAKE MICHIGAN. EXXON SOLD THE PROPERTY TO TRANSMONTAIGNE IN 1994 AND IN- STALLED AND OPERATED A FREE PRODUCT RECOVERY AND TREATMENT SYSTEM. THERE WERE NUMEROUS SPILLS ON THE PROPERTY DURING ITS LONG HISTORY OF OPERATION. OIL WAS FIRST DISCOVERED IN THE CANAL IN JANUARY OF 1995 AND EXXON INSTALLED CONTAIMNENT BOOM AS RESPONSE AND REQUIRING THEM TO UNDERTAKE CONTAINMENT AND RECOVERY MEASURE ALONG THE CANALS. EXXON UPGRADED THE ONSITE RECOVERY SYSTEM, BUT HAS NOT COMPLETELY CONTAINED THE FREE-PRODUCT. THIS ORDER REQUIRES THE FACILITIES TO INSTALL AND OPERATE A RECOVERY SYSTEM SUFFICIENT TO PREVENT ALL OFF-SITE MIGRATION OF PRODUCT.