1. SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9607. 2. TEX TIN CORPORATION SUPERFUND SITE FM 519 AND STATE HIGHWAY 146 TEXAS CITY, TEXAS 3. THE TEX TIN SUPERFUND SITE, A TIN SMELTER AND ADJACENT CONTAMINATED PROPERTIES, IS LOCATED IN TEXAS CITY, TEXAS. THE SITE IS CURRENTLY PROPOSED FOR THE NATIONAL PRIORI- TIES LIST (NPL) CONSISTS OF THE TIN SMELTER FACILITY, OWNED BY TEX TIN CORP., SITUATED ON SOME 130 ACRES OF AGED PROCESS BUILDINGS, ORE AND SLAG PILES, ACID PONDS, AND OTHER TYPES OF CONTAMINATION. AMOCO CHEMICAL OWNS AN ADJACENT 27.33-ACRE PARCEL, CONTAINING BACKFILLED ACID PONDS, WHICH IS ALSO PART OF THE SITE. FINALLY, THE SITE INCLUDES RESIDENTIAL AND LIGHT COMMERCIAL PROPERTIES LO- CATED IN THE CITY OF LAMARQUE. INVESTIGATIONS IN 1994 AND 1995 REVEALED CONCENTRATIONS OF THREE TIMES BACKGROUND OF ARSENIC AND OTHER HEAVY METAL CONTAMINANTS IN SURFACE SOILS IN THE RESIDENTIAL AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 107 OF CERCLA, EPA RE- FERRED THIS COST RECOVERY ACTION TO DOJ FOR EPA COSTS IN- CURRED IN CONNECTION WITH THE TEX TIN SUPERFUND SITE IN TEXAS CITY AND LAMARQUE, TEXAS. THE LITIGATION REPORT OUTLINES SITE AND CASE BACKGROUND