SYNOPSIS OF THE CASE EAST KENTUCKY BEVERAGE CO., INC., OPERATES A SOFT DRINK BOTTLING PLANT IN COAL RUN VILLAGE, KENTUCKY. COAL RUN VILLAGE IS IN EASTERN KENTUCKY NEAR THE CITY OF PIKE- VILLE. AN NPDES PERMIT NUMBER KY0041068 WAS ISSUED TO THE COMPANY EFFECTIVE JANUARY 27, 1977, WITH AN EXPIRATION DATE OF JANUARY 27, 1982. THE PERMIT CONTAINED INTERIM EFFLUENT LIMITATIONS UNTIL JULY 1, 1977, AT WHICH TIME THE COMPANY, ALONG WITH ALL OTHER INDUSTRIES, WAS REQUIRED TO BE IN COM- PLIANCE WITH FINAL EFFLUENT LIMITS. THE COMPANY HAS ONE DISCHARGE POINT CONSISTING OF SANITARY, PROCESS, AND NON- CONTACT COOLING WATER WHICH DISCHARGES INTO LEVISA FORK OF THE BIG SANDY RIVER. SINCE THE PERMIT WAS ISSUED AND BECAME EFFECTIVE IN JANUARY 1977, THE COMPANY HAS BEEN IN CONTINUING VIOLATION OF THE PERMIT. THE PERMIT HAD LIMITS ESTABLISHED FOR BOD, TOTAL SUSPENDED SOLIDS (TSS), FECAL COLIFORM AND PH. IN ADDITION, IT REQUIRED THE COMPANY TO MONITOR AND REPORT FLOW. AT NO TIME IN THE PAST SIX YEARS HAS THE COMPANY RE- PORTED EITHER FECAL COLIFORM OR FLOW TO THE AGENCY. THE COMPANY HAS FEW MONTHS WHERE IT COMPLIED WITH THE BOD LIMITS OR THE TSS LIMITS. THE CONTINUING NATURE AND SEVERITY OF THE VIOLATIONS IS SHOWN IN THE TABLE OF VIOLATIONS FOUND AT PAGE 17. THE REGION HAD NOT FOCUSED ON THI