NATURE OF THE CASE: HOMER SMITH, AN INDIVIDUAL, OWNS AND OPERATES THE HOMER SMITH SEAFOOD CO, A SCALLOP PROCESSING AND PACKAGING PLANT IN ST. JOHNS COUNTY, FLORIDA. THIS FACIL ITY DISCHARGES ITS VIRTUALLY UNTREATED WASTEWATER TO TROUT CREEK, A TIDAL CREEK WHICH IS A TRIBUTARY TO THE ST. JOHNS RIVER. A REVIEW OF THIS COMPANYS' COMPLIANCE HISTORY INDICATES THAT ADMINISTRATIVE REMEDIES ARE NOT VIABLE IN THIS CASE. HOMER SMITH'S DISCHARGE IS CAPABLE OF CAUSING ENVIRONMENTAL DAMAGE, INCLUDING LOW DISSOLVED OXYGEN LEVELS. NEITHER EPA'S NPDES PERMIT, NOR THE PROPOSED STATE CONSTRUCTION PERMIT, ALLOWS HOMER SMITH TO DISCHARGE TO TROUT CREEK BECAUSE OF ITS ENVIRONMENTAL SENSITIVITY. THOSE PERMITS PROVIDE FOR A DISCHARGE TO THE LESS ENVIRONMENTALLY SENSITIVE ST. JOHNS RIVER. RECOMMENDED ACTION: THIS SUIT SHOULD SEEK CIVIL PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO SECTION 309 OF THE CWA WHICH WOULD ADDRESS THE UNPERMITTED DISCHARGE AND VIOLATIONS OF THE ADMINISTRATIVE ORDER.