THE BASIS FOR THIS ACTION IS THE DISCHARGE BY EXXON OF OF 13,500 (567,000 GALLONS) BARRELS OF OIL ON JANUARY 1 AND 2, 1990 WITHOUT A PERMIT, IN VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT (CWA). THERE ARE THREE PROPOSED DEFENDANTS THEY ARE: EXXON CORP. AND ITS SUBSIDIARY DIVISIONS: EXXON COMPANY, U.S.A. AND EXXON CHEMICAL COMPANY. EXXON CONDUCTS BUSINESS IN THE STATES OF NY AND NJ. EXXON CO., U.S.A., IS RESPON- SIBLE FOR ITS OIL & GAS OPERATIONS IN THE U.S. EXXON CORP. DIRECTLY AND THROUGH EXXON CO., U.S.A, OWNS AND OPERATES THE INTER-REFINERY PIPE LINE FOR THE TRANSFER OF PETROLEUM PRODUCTS BETWEEN THE TWO FACILITIES INVOLVED IN THE SPILL. THE STATUTORY MAXIMUM CIVIL PENALTY IS $50,000; GIVEN THE SIZE OF THE SPILL, $50,000 IS THE PROPOSED PENALTY TO BE SOUGHT IN SETTLEMENT. INJUNCTIVE RELIEF: ORDER REQUIRING EXXON TO CONTINUE TO IMPLEMENT THOSE STEPS SET OUT IN EPA'S SECTION 309 ORDER. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. USE OF 309 TO ENFORCE FOR OIL SPILL AS VIOLATION OF SECTION 301, RATHER THAN USE OF SECTION 311. EXTRAORDINARY RESOURCE DEMANDS: CASE SHOULD BE PART OF CASE BROUGHT BY U.S. FOR RECOVERY OF NATURAL RESOURCES DAMAGES. FEDERAL CRIMINAL INVESTIGATION OF SPILL IS ONGOING. *