THE VIOLATIONS FOR WHICH WE PROPOSE TO SEEK PENALTIES AROSE FOR THE MOST PART OUT OF A SULFURIC ACID SPILL ON JULY 15, 1993. THE SPILLED SULFURIC ACID MIGRATED TO THE BERLIN SEWER SYSTEM AND KILLED THE BIOLOGICAL COMMUNITY AT THE PLANT BE- CAUSE OF THE EXTREMELY LOW PH OF THE SPILLED ACID. AS A RESULT, THE BERLIN PLANT VIOLATED THE PH LIMITS OF ITS OWN NPDES PERMIT. CWA VIOLATIONS: THIS INCIDENT VIOLATED FEDERAL PROHIBITIONS AGAINST 1) DISCHARGES WHICH CAUSE PUBLICLY OWNED TREATMENT WORKS (POTW) TO VIOLATE THEIR PERMITS, AND 2) DISCHARGES WITH A PH LOWER THAN 5.0. RCRA VIOLATIONS: THE JULY 15, 1993 SPILL CONSTITUTED AN ILLEGAL DISPOSAL OF HAZARDOUS WASTE IN VIOLATION OF SECTION 3005 OF RCRA. CERCLA VIOLATIONS: JAMES RIVER FAILED TO COMPLY WITH EMERGENCY NOTIFICATION PROVISIONS OF SECTION 103(A) CERLCA. EPCRA VIOLATION: JAMES RIVER FAILED TO COMPLY WITH EMERGEN- CY NOTIFICATION PROVISIONS OF SECTION 304 OF EPCRA. IN ADDITION TO THE VIOLATIONS RESULTING FROM THE SPILL, THE COMPLAINT ALLEGES SEPARATE VIOLATIONS OF THE FEDERAL PRETREATMENT PH LIMIT. THE LAB AT THE PAPER MILL WAS TIED DIRECTLY INTO THE SEWER LINE CAUSING THE PH OF THE WASTE- WATER FROM THE ENTIRE FACILITY TO FALL BELOW FEDERAL PH LIMIT VIRTUALLY EVERY DAY OF OPERATION.