NATURE OF CASE: THIS IS A CIVIL ACTION AGAINST CITIES SERVICE CO, LAKE CHARLES, LA, FOR VIOLATION OF SEC 301(A) OF THE CLEAR WATER ACT, 33USC SEC 1311(A). CITIES SERVICE OWNS & OPERATES AN OIL REFINERY & PETROCHEMICAL COMPLEX. THE SUIT SEEKS RELIEF FOR NPDES PERMIT VIOLATIONS OCCURRING AT THE FACILITY FROM 8/81 TO THE PRESENT. (THE STATE OF LA HAS INDICATED THAT IT WILL SEEK PLTY'S FOR VIOL'S THAT OCCURRED PRIOR TO THAT DATE). CITIES SERVICE OPERATES THE FACILITY UNDER THE TERMS OF NPDES PERMIT LA0005941, WHICH EXPIRED ON 11/27/79, BUT AS A RESULT OF A TIMELY PERMIT RENEWAL APPLICATION HAS BEEN ADMINISTATIVELY EXTENDED PURSUANT TO 40 CFR SEC 122.5 & USC SEC 558(C). CITIES SERVICES HAS A POOR RECORD OF COMPLIANCE W/ITS PERMIT. NUMEROUS VIOL'S SINCE 1978 HAVE RESULTED IN 6 ADMINISTRA- TIVE ORDERS BEING ISSUED BY REGN 6 AS INFORMAL MEASURES TO OBTAIN COMPLIANCE. THESE ADMINISTRATIVE ACTIONS HAVE HAD NO DISCERNIBLE EFFECT ON THE PROBLEM AT THE FACILITY. A TALLY OF THE NPDES VIOL'S LISTED IN THE LITIGATION REPORT SINCE 8/81 REVEAL 392 DAILY MAXIMUM & PH VIOL'S & 38 MONTHLY AVE VIOL'S, AS WELL AS SEVERAL BYPASSING VIOL'S. PERMIT VIOL'S ARE USUALLY FOR PHENOLS, SULFIDES, OIL & GREASE, AMMONIA, PH, BIOLOGICAL OXYGEN DEMAND(BOD), TOTAL ORGANIC CARBON(TOC), & TOTAL SUSPENDED SOLIDS(TSS). THERE IS ALSO SOME EVIDENCE THAT A BYP