DEFENDANT, KEY PHARMACEUTICAL, A WHOLLY OWNED SUBSIDIARY OF SCHERING-PLOUGH INC., OPERATES A PHARMACEUTICAL MANUFAC- TURING PLANT IN LAS PIEDRAS, PR, AND HAS REPEATEDLY VIOLATED ITS NPDES PERMIT OVER THE PAST 18 MONTHS. A PROPOSED CONSENT DECREE HAS BEEN EXECUTED. THE REGION HAS REACHED A SETTLEMENT WITH DEFENDANT PROVIDING FOR $170,000 IN UP-FRONT PENALTIES FOR PAST VIOLATIONS, SUBSTAN- TIAL STIPULATED PENALTIES FOR VIOLATIONS OF THE DECREE, AND A COMPLIANCE SCHEDULE FOR TREATMENT PLANT MODIFICATIONS AND A REPORTING SCHEDULE. IT IS ANTICIPATED THAT THE CONSENT DECREE AND THE COMPLAINT BE FILED SIMULTANEOUSLY. THIS FACILITY WAS THE SUBJECT OF A NOTICE OF CITIZENS SUIT FILED BY ATLANTIC STATES LEGAL FOUNDATION (ASLF), A CITIZEN UNDER SECTION 505 OF THE CWA. REGION II HAS KEPT ASLF AP- PRISED OF OUR ACTIONS IN THIS MATTER, AND WE UNDERSTAND, THAT, SHOULD SETTLEMENT OF THIS MATTER ALONG THE LINES OF THE PROPOSED CONSENT DECREE OCCUR, ASLF WILL NOT FILE A SEP- ARATE ACTION.