NATURE OF THE CASE: INTERSTATE LEAD COMPANY (ILCO) OWNS AND OPERATES A SECONDARY LEAD SMELTING AND LEAD BATTERY RE- CYCLING FACILITY IN LEEDS, AL. UNTIL MARCH 16, 1984, THIS FACILITY MELTED AND RECOVERED LEAD FROM RECYCLED PRODUCTS, CHIEFLY AUTOMOBILE BATTERIES. SINCE THAT DATE, ILCO HAS RE- STRICTED ITS OPERATIONS TO SECONDARY LEAD SMELTING. ILCO DISCHARGES WASTEWATER TO AN UNNAMED TRIBUTARY OF DRY CREEK, AS PART OF WATERS OF THE U.S. FROM 02/01/79, TO 11/30/83, ILCO VIOLATED ONE OR MORE OF ITS EFFLUENT LIMITATIONS IN 30 OF THE 34 MONTHS IT DISCHARGED. FROM 02/01/79, TO 02/29/80, ILCO SUBMITTED DMRS CONTAINING RESULTS FROM ONLY ONE SAMPLE WHEN ILCO WAS IN FACT TAKING 10 TO 27 SAMPLES PER MONTH. IT ALSO APPEARS THAT, FROM 07/01/82, TO 11/30/83, ILCO DELIBER- ATELY MISCALULATED THE DAILY AVERAGE DISCHARGE AND THUS SUB- MITTED FALSE INFORMATION ON THE DMRS. ILCO MAINTAINS AND HAS, SINCE AT LEAST 02/05/78, MAINTAIN- ED AND UNPERMITTED DISCHARGE POINT FROM WHICH POLLUTANTS ARE REGULARLY DISCHARGED. IN ADDITION, THE ORIGINAL NPDES PERMIT EXPIRED ON 01/27/82. BETWEEN THAT DATE AND THE DATE OF RE- ISSUANCE, 11/30/83, ILCO DISCHARGED POLLUTANTS WITHOUT A PER MIT. BY ITS DISCHARGES, ILCO HAS CAUSED VIOLATIONS OF WATER QUALITY STANDARDS FOR DRY CREEK AND ITS UNNAMED TRIBUTARY WHICH RECEIVES ILCO'S WASTE AND RENDERED THEM UNINHABITABLE TO FISH AND WILDLIFE. RECOMMENDED ACTION: A PRELIMINARY I