NATURE OF THE CASE: ADCOM METALS CO, INC IS IN THE BUSINESS OF DRAWING, PICKLING & GALVANIZING STEEL WIRE FOR VARIOUS USES. IN ITS OPERATION ADCOOM UTILIZES A BATCH PICKLING SYSTEM PRIOR TO DRAWING THE WIRE AS FINISHED PRODUCTS. EPA ISSUED AN NPDES PERMIT FL0030121 TO ADCOM'S PRE- DECESSOR IN INTEREST, CONTAINER WIRE PRODUCTS CO, INC. THIS PERMIT BECAME EFFECTIVE ON 12/13/76. IT HAS NOT BEEN MODIFIED, NOR HAS IT BEEN CONTESTED THROUGH AN ADJUDICA- TORY OR EVIDENTIARY HEARING. THE BPT EFFLUENT LIMITS CON- TAINED IN THE PERMIT WERE ESTABLISHED UNDER 40 CFR SUB- PART Q (PICKLING - SULFURIC ACID BATCH & CONTINUOUS SUB- CATEGORY). IN PARTICULAR 40 CFR 420.172(A) STATES: BATCH PICKLING OPERATIONS; SPENT PICKLE LIQUOR & RINSES: THERE SHALL BE NO DISCHARGE OF PROCESS WASTEWATER POLLUTANTS TO NAVIGABLE WATERS. THE FOREGOING STATEMENT WAS INCLUDED IN ADCOM'S NPDES PERMIT FOR EACH OUTFALL. THE PERMIT ALSO CONTAINED AN ADDITIONAL PROVISION THAT THERE SHALL BE NO DISCHARGE OF PROCESS WASTEWATER POLLUTANTS FROM BATCH PICKLING OPERATIONS FROM ANY OUTFALL FROM THIS FACILITY. CAUSE OF ACTION: THE PROPOSED CIVIL ACTION INVOLVES SIGNIFICANT VIOL'S OF THE AFOREMENTIONED NPDES PERMIT. ADOOM HAS VIOL'D ITS NPDES PERMIT FOR EACH MONTH