THIS ENFORCEMENT ACTION INVOLVES A FACILITY THAT HAS BEEN OUT OF COMPLIANCE WITH ITS NPDES PERMIT SINCE GULF STATES STEEL PURCHASED THE FACILITY IN 1987. THE FACILITY HAS HAD AT LEAST 2,100 EFFLUENT LIMIT VIOLATIONS SINCE 11/01/89. ADEM AND THE ALABAMA ATTORNEY GENERAL'S OFFICE HAVE TAKEN 9 ENFORCEMENT ACTIONS AGAINST THE FACILITY, RECOVERING INADEQUATE PENALTIES. FURTHER, THE FACILITY NEVER CAME INTO COMPLIANCE. WITH THIS ACTION, EPA SEEKS A MAXIMUM CIVIL PENALTY OF $52.5 MILLION AND REMEDIATION OF BLACK CREEK, THE RECEIVING WATER FOR THE FACILITY'S DISCHARGE.