THIS CLEAN WATER ACT ( CWA OR ACT ) REFERRAL IS BASED ON VIOLATIONS BY ENZYME BIO-SYSTEMS LTD. ( EB ) OF PRETREATMENT STANDARDS SET FORTH IN ITS INDUSTRIAL DISCHARGE PERMIT, ISSUED BY THE CITY OF BELOIT, WI. UNDER THE TERMS OF 40 C.F.R. SEC. 403.5(D), THESE PERMIT LIMITS CONSTITUTE PRE- TREATMENT STANDARDS FOR THE PURPOSES OF SECTION 307(D) OF THE CLEAN WATER ACT, 33 U.S.C. SEC. 1317(D). CONSEQUENTLY, EB'S VIOLATIONS OF ITS INDUSTRIAL DISCHARGE PERMIT ARE VIOLATIONS OF SECTION 307 OF THE CLEAN WATER ACT. ON NUMEROU S OCCASIONS BETWEEN NOVEMBER, 1994, AND APRIL, 1997, EB EXCEEDED ITS PERMIT LIMITS FOR BIOLOGICAL OXYGEN DEMAND ( BOD ) AND TOTAL SUSPENDED SOLIDS ( TSS ). LIMITS ON THESE TYPES OF POLLUTANT PARAMETERS ARE SET IN ORDER TO PREVENT INTERFERENCE WITH THE OPERATIONS OF PUBLICLY OWNED TREATMENT WORKS (POTWS) AND THE PASS THROUGH OF POLLUTANTS INTO THE WATERS OF THE UNITED STATES. WHILE EPA HAS NO EVIDENCE THAT EB'S EXCEEDANCES OF PRETREATMENT LIMITS HAVE CAUSED INTER- FERENCE OR PASS THROUGH AT THE BELOIT POTW TO DATE, NEVER- THELESS, CONTINUED VIOLATIONS HAVE THE POTENTIAL TO CAUSE A BREAKDOWN IN THE BELOIT POTW'S NORMAL OPERATIONS AND A DISCHARGE OF POLLUTANTS INTO THE ROCK RIVER. EPA ISSUED FINDINGS OF VIOLATIONS AND AN ORDER FOR COMPLIANCE TO EB ON FEBRUARY 6, 1997. IN RESPONSE TO THE ORDER, EB HAS TAKEN STEPS WHICH EPA BELIEVES SHOULD PREVENT FURTHER VIOLATIONS OF PRETREATMENT LIMITS. CONSEQUENTLY