THE LITIGATION REPORT FOR THE FILING OF A CIVIL ACTION FOR PENALTIES ON VIOLATIONS BY UNION TANK CAR (UTC) OF THE CLEAN WATER ACT. THE UTC FACILITY IN EAST CHICAGO, INDIANA IS VIOLATING ITS CLEAN WATER ACT (CWA) INDUSTRIES USER PERMIT FOR WASTEWATER DISCHARGES TO THEEAST CHICAGO TREAATMENT WORKS. THIS ACTION WOULD BE PART OF THE AGENCY'S NORTHWEST INDIANA GEOGRAPHIC ENFORCEMENT INITIATIVE AND GREAT LAKE WATER QUALTITY INITIATIVE. UNION TANK CAR (UTC) COMPANY FABRICATES, MODIFIES AND REPAIRS RAILROAD TANK CARS AT ITS EAST CHICAGO, INDIANA FACILITY (FACILITY). ITS OPERATIONS PRODUCE SEVERAL WASTEWATER STREAMS, WHICH IT DISCHARGES BY PERMITS THROUGH THREE OUTFALLS INTO THE SEWERS OF EAST CHICAGO. ON JULY 30, 1991, A RECONNAISSANCE INDUSTRIAL USER INSPECTION WAS MADE AT THE FACILITY BY U.S. EPA. THE AGENCY FOUND A SIGNIFICANT NUMBER OF ANALYTICAL RESULTS OF EFFLUENT SAMPLES EXCEEDED THE POLLUTANT SPECIFIC LIMITATIONS IN THE UTC PERMITS. SECTION 307(D) OF THE CLEAN WATER ACT (CWA), 33 U. S.C. SECTION 1317(D), MAKES IT UNLAWFUL FOR THE OWNER OR OPERATOR OF ANY FACILITY DISCHARGING POLLUTANTS INTO THE WATERS OF THE UNITED STATES TO OPERATE THAT SOURCE IN VIOLATION OF ANY EFFLUENT STANDARD, PROHIBITION, OR PRETREATMENT STANDARD PROMULGATED PURSUANT TO CWA SECTION 307. THE CITY OF EAST CHICAGO HAS ENACTED AN ORDINANCE AUTHORIZING THE ISSUANCE OF PERMITS TO INDUSTRIAL USERS PRESCRIB