NATURE OF THE CASE: PASADENA CHEMICAL IS AN AMMONIUM PHOSPHATE PRODUCING FACILITY WHICH PRODUCES ITS OWN SULFURIC & PHOSPHORIC ACID. THIS FACILITY IS LOCATED IN PASADENA, TX, & DIS- CHARGES THROUGH 7 OUTFALLS INTO THE HOUSTON SHIP CHANNEL. THIS SUIT IS REQUESTED PURSUANT TO 309(B) OF THE CWA. CAUSE OF ACTION: PASADENA CHEMICAL HAS NOT COMPLIED W/THE PERMIT EFF- LUENT LIMTS & BYPASS CONDITIONS CONTAINED IN ITS NPDES PERMIT ON A CONSISTENT BASIS FOR THE PAST 24 MONTHS. AL- THOUGH THE EFFLUENT VIOL'S HAVE BEEN INTERMITTENT, THE BYPASS VIOL'S HAVE BEEN EXCESSIVE & PERSISTENT, THE CO HAS PERSISTED IN VIOL'ING THE BYPASS CONDITIONS OF THE PERMIT CLAIMING THAT THEY ARE UNAVOIDABLE WHEN IN FACT, THE BYPASSES ARE NOT THE RESULT OF SEVERE FLOODS OR RAIN. THE QUANTITY OF UNTREATED WASTEWATER BEING DISCHARGED & THE STRENGTH OF SUCH WASTEWATER WERE SEVERE ENOUGH TO WARRENT THE ISSUANCE OF AN ADMINISTRATIVE ORDER. DESPITE EPA ENFORCEMENT EFFORTS, THE BYPASSES CONTINUE IN VIOL OF THE PERMIT REQUIREMENTS & THE ADMINISTRATIVE ORDER.