NATURE OF THE CASE: ON NOV 12, 1981, THE STATE OF IL FILED SUIT AGAINST ECSD IN THE US DIST CT, NORTHERN DIST OF IN. UPON ECSD'S MOTION, THE EPA & THE STATE OF IN WERE JOINED AS PLAINTIFFS ON JAN 8, 1982. THE CT'S ORDER JOINING THE AGENCY DID NOT SPECIFY A DATE BY WHICH THE AGENCY IS TO FILE ITS COMPLAINT UNDER F.R.C.P. 5. CAUSE OF ACTION: IN SUMMARY, ECSD HAS HABITUALLY VIOLATED ITS NPDES PERMIT. THERE HAS BEEN SUBSTANTIAL FED ENFORCEMNT ACTIVITY, & 2 ADMINISTRATIVE ORDERS HAVE BEEN ISSUED BY THE AGENCY. NEVERTHELESS, ECSD REMAINS IN VIOLAT'N OF THE ORDERS & ITS PERMIT, W/ RESULTANT RISK TO BATHING BEACHES & DRINKING WTR SOURCES. A LITIGATION REPORT REGARDING ECSD HAS BEEN PREPARED BY THE REGION & FORWARDED TO THE DOJ & THE US ATTY'S OFFICE FOR THE N. DIST OF IN. AN ASSISTANT US ATTY HAS PARTICIPATED IN SETTLEMENT NEGOTIATIONS ON BEHALF OF THE AGENCY. UPON THE MOTION OF THE STATE OF IL, A PRELIMINARY INJUNCTION AGAINST THE ECSD WAS ENTERED ON FEB 2, 1982. AS A PRACTICAL MATTER, THE DOJ, THE US ATTY'S OFFICE & THE AGENCY HAVE PROCEEDED W/ THE UNDERSTANDING THAT THE MATTER MAY BE TREATED AS A REFERRAL FOR CIVIL ACTION. CASE AUTHORITY SUGGESTS, HOWEVER, THAT A REQUEST BY THE ADMINISTRATOR (OR HER DESIGNEE) IS A PR