THIS CASE IS REFERRED TO THE DEPT. OF JUSTICE FOR FILING A CIVIL ACTION SEEKING A SUITABLE CIVIL PENALTY AGAINST DANA CORP., ENGINE PRODUCTS DIV. ( DANA ), FOR VIOLATION OF CER- TAIN EFFLUENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT, IS- SUED TO DANA PURSUANT TO THE CWA, 33 USC SS1251, ET SEQ. DANA OWNS AND OPERATES A MANUFACTURING FACILITY IN HAGERS- TOWN, IN. AT THIS FACILITY, DANA MANUFACTURES CASE IRON, DUCTILE IRON, AND STEEL PISTON RINGS FOR INTERNAL COMBUSTION ENGINES. DANA ALSO OWNS AND OPERATES AN INDUSTRIAL WASTE- WATER TREATMENT PLANT ON THE FACILITY SITE, THAT DISCHARGES TREATED WASTEWATER AND POLLUTANTS TO THE WEST FORK OF WHITE- WATER RIVER, A NAVIGABLE WATER, PURSUANT TO AN NPDES PERMIT. THE PLANT IS LOCATED AT 551 S. WASHINGTON ST., HAGERSTOWN, IN. ON APRIL 29, 1982, THE INDIANA STREAM POLLUTION CONTROL BOARD ISSUED NPDES PERMIT NO. IN 0001929 TO DANA. ISCPB MODIFIED THE PERMIT ON OCTOBER 15, 1984. ON JUNE 17, 1987, THE INDIANA DEPT. OF ENVIRONMENTAL MGMT. ( IDEM ), THE SUC- CESSOR AGENCY TO ISPCB, REISSUED NPDES PERMIT NO. IN 0001928 TO DANA. THE 1987 PERMIT CONTAINED THE INTERIM EFFLUENT LI- MITATION OF 0.4 MIL PER LITER DAILY MAXIMUM FOR HEXAVALENT CHROMIUM. THE INTERIM LIMIT REMAINED IN EFFECT UNTIL OCTO- BER 9, 1987, WHILE DANA WAS CONSTRUCTING A CLOSED LOOP SYS- TEM, INCLUDING TWO COOLING TOWERS, TO COMPLY WITH THE FINAL EFFLUENT LIMITATIONS FOR HEXAVALENT CH