SYNOPSIS GE OWNS AND OPERATES A SILICONE PROCESS RESEARCH AND MANU- FACTURING FACILITY THAT HAS BEEN IN VIOLATION OF BOTH NPDES AND STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS SINCE 1977. GE HAS EXCEEDED TECHNOLOGY-BASED EFF- LUENT LIMITATIONS FOR NUMEROUS PARAMETERS AS WELL AS STATE WATER QUALITY-BASED LIMITATIONS FOR VISIBLE SHEEN. GE HAS ALSO VIOLATED CERTAIN PERMIT REPORTING REQUIREMENTS. THE GE PLANT IS 8000 FEET UPSTREAM FROM THE WATERFORD VILLAGE, NY, DRINKING WATER SOURCE INTAKE POINT. THE COMPLAINT SEEKS STATUTORY CIVIL PENALTIES FOR EACH DAY GE IS FOUND TO BE IN VIOLATION OF THE ACT AND INJUNCTIVE RELIEF REQUIRING BOTH PERMIT COMPLIANCE AND THE ESTABLISHMENT OF A MONITORING AND REPORTING PROGRAM. ISSUES OF PRECEDENTIAL SIGNIFICANCE THE REGION IS RECOMMENDING THAT THIS CASE BE FILED BEFORE 5/15/84 IN ORDER TO WIN A RACE TO THE COURTHOUSE WITH A CITIZEN'S GROUP THAT HAS GIVEN A 60-DAY NOTICE OF INTENT TO SUE GE. IF FILING OCCURS BY THAT DATE, THERE MAY BE AN AT- TEMPT BY THE CITIZEN'S GROUP TO INTERVENE. SUCH INTERVEN- TION MAY AFFECT THE AGENCY STRATEGY IN THIS CASE, AND THIS POSSIBILITY OF INTERVENTION HAS PRECEDENTIAL SIGNIFICANCE. GE HAS RAISED AS AN AFFIRMATIVE DEFENSE THAT, SINCE ITS PERMIT LIMITS WERE BASED ON BEST PROFESSIONAL JUDGEMENT (BPJ) AND 99% CONFIDENCE LIMITS , VIO