THE DEFENDANT IN THIS PROPOSED CIVIL ACTION IS CHEVRON, U.S.A., INC. (CHEVRON). CHEVRON OWNS AND OPERATES AN OIL REINERY IN EL SEGUNDO, CA. THE FACILITY DISCHARGES PROCESS WASTEWATER INTO THE PACIFIC OCEAN (SANTA MONICA BAY). THE DISCHARGE IS REGULATED BY NPDES PERMIT NO CA0000337. THE PERMIT WAS FIRST ISSUED BY THE CA. REGIONAL WATER QUALITY BOARD ON APRIL 21, 1975. THE REGIONAL BOARD LATER ISSUED AS WASTE DISCHARGE REQUIREMENTS ORDER NO. 77-102 ON JUNE 27, 1977 AND SUBSEQUENTLY AS ORDERS NO. 80-21 ON MAY 19, 1980 AND NO. 84-106 ON NOVEMBER 19, 1984. THE DISCHARGER HAS A HISTORY OF VIOLATIONS OVER THE PAST FIVE YEARS. BASED ON MONTHLY DISCHARGE MONITORING REPORTS (DMR'S) SUBMITTED BY THE FACILITY, LIMITS HAVE BEEN EXCEEDED APPROXIMATELY 880 TIMES DURING THIS 5 YEAR PERIOD. EXCESSES OCCURRED WITH BOD, PH, PHENOLS, CHROMIUM, OIL AND GREASE, AND PH. THESE VIOLATIONS ARE CAUSED BY INSUFFICIENT TREAT- MENT/STORAGE CAPACITY TO ALLOW FOR HIGH FLOWS DURING WET WEATHER, AND OVERLOADS DURING PERIODS REQUIRING RECYCLE OF OF HIGHLY CONTAMINATED WASTEWATER FOR ADDITIONAL TREATMENT. CHEVRON'S DISCHARGE HAS RESULTED IN HIGH ACID OR ALKALINE CONDITIONS AND POSSIBLE DEGRADATION OF THE RECEIVING WATERS. THE AREA OF DISCHARGE IS THE SOUTHERN CA BIGHT, WHICH ALSO RECEIVES WASTEWATER DISCHARGE FROM MUNICIPALITIES AND OTHER INDUSTRIES. THE CUMULATIVE IMPACT HAS RESULTED IN STRESSED WATERS. CHEVRON'S VIOLATIONS HAVE EXA