NATURE OF THE CASE: SHINTECH, INC.( SHINTECH ) IS A POLY- VINYL CHLORIDE MANUFACTURING FACILITY LOCATED IN FREEPORT, TX. SHINTECH'S PARENT COMPANY IS SHIN-ETSU CHEMICAL CO. LTD. OF JAPAN. THE PHYSICAL LOCATION OF THE WASTEWATER TREATMENT FACILITY IS CLUTE, BRAZORIA COUNTY, TEXAS. CAUSE OF ACTION: SHINTECH HAS HAD PERSISTENT VIOLATIONS OF PERMIT EFFLUENT LIMITS SINCE JUNE, 1978. ALTHOUGH SOME OF THE PLANT'S PROBLEMS HAVE BEEN CORRECTED, THE TOTAL SUSP- ENDED SOLIDS (TSS) LIMITATION VIOLATIONS ARE BY FAR THE MOST EXCESSIVE AND PERSISTENT. THESE VIOLATIONS CONTINUE TO EXIST AT THE TIME OF THIS WRITING. EPA HAS ISSUED TWO ADMINISTRATIVE ORDERS WHICH FAILED TO BRING SHINTECH INTO COMPLIANCE. JUSTIFICATION: SHINTECH RECENTLY INFORMED EPA THAT IT HAD HIRED AN ENGINEERING CONSULTING FIRM TO REVIEW THE PLANT'S PROBLEMS. THE AGENCY WOULD LIKE TO SEE THE CONSULTING FIRM'S RECOMMENDATIONS INCORPORATED INTO A LEGALLY ENFORC- EABLE DOCUMENT IN ORDER TO ASSURE THAT ALL REMEDIAL AC- TIONS ARE IMPLEMENTED AND COMPLIANCE ACHIEVED IN AN EXPED- ITIOUS MANNER. EPA HAS BEEN NOTIFIED THAT THE SIERRA CLUB, PURSUANT TO SECTION 505 OF THE ACT, FILED A NOTICE OF INTENT TO SUE AGAINST SHINTECH ON 10/26/84. THE COMP- ANY HAS EXPRESSED AN URGENT NEED TO SETTLE THIS MATTER WITH THE AGENCY PRIOR TO 12/26/84 IF AT ALL POSSIBLE.