U.S. EPA RECOMMENDS THE FILING OF A CIVIL COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION, AGAINST DEFENDANTS ERAMET MARIETTA INC. ( ERAMET ) AND ELKEM METALS COMPANY LP ( ELKEM )UNDER THE CLEAN WATER ACT, 33 U.S.C. 1251-1387. ERAMET OWNS AND OPERATES A FERRO-ALLOY MANUFACTURING ADJA- CENT TO THE OHIO RIVER IN WASHINGTON COUNTY, OHIO APPROXI- MATELY FOUR MILES SOUTHWEST OF MAREITTA, OHIO. ELKEM OWNED AND OPERATED THE FACILITY FROM 1981 UNTIL JUNE 30, 1999, WHEN ELKEM TRANSFERRED OWNERSHIP OF THE FACILITY TO ERAMET. THE FACILITY PRODUCES MANGANESE BASED FERRO ALLOYS, ELECTRO- LYTIC CHROMIUM AND MANGONESE, LOW CARBON CHROMIUM PRODUCTS AND HARDENER BRIQUETTES USED IN THE ALUMINUM INDUSTRY. NPDES PERMIT VIOLATIONS. ERAMET AND ELKEM VIOLATED THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT ISSUED UNDER THE CLEAN WATER ACT FOR THE FACILITY. IN PARTICULAR, ELKEM AND ERAMET VIOLATED EFFLUENT LIMITATION S FOR HEXAVALENT CHROMIUM, TOTAL CHROMIUM, TOTAL SUSPENDED SOLIDS ( TSS ), CARBONACEOUS BIOLOGICAL OXYGEN DEMAND ( CBOD ), AND TOXICITY. IN ADDIITON, NUMEROUS SPILLS OF WASTE- WATER OCCURRED, IN VIOLATION OF THE NPDES PERMIT. ALSO, ERAMET'S AND ELKEM'S UNPERMITTED USE OF SODIUM DIMETHLDITHIO CARBAMATE RESULTED IN NUMEROUS VIOLATIONS OF NARRATIVE STAN- DARDS OF THE NPDES PERMIT. SIGNIFIC