NICOR NATIONAL LOUISIANA, INC. OWNS AND OPERATES A SHIP- YARD AT WHICH IT CLEANS AND REPAIRS BARGES, TUGS, AND OIL FIELD SUPPLY BOATS ON BAYOU ROAD IN BELLE CHASSE, LOUISIANA TYPICAL OPERATIONS INCLUDE SANBLASTING, PAINTING, GAS-FREE- ING, AND BILGE CLEANING . THE FACILITY DISCHARGES WASTE- WATER TO BAYOU BARATARIA IN THE UPPER REACHES OF THE BARATARIA BASIN, ONE OF THE COUNTRY' MOST PRODUCTIVE ESTUARINE FISHERIES. ALTHOUGH IT BEGAN DISCHARGING WAST- WATER ON OCT 18, 1985, NICOR DID NOT PPLY FOR A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT UNTIL JULY 5, 1988. MOREOVER NICOR'S DISCHARGES DURING THAT PERIOD WOULD HAVE VIOLATED WATER QUALITY BASED EFFLUENT LIMITATIONS EPA WOULD HAVE IMPOSED IN AN NPDES PERMIT, HAD NICOR APPLIED FOR ONE. EPA NOW REQUESTS THT THE DEPARTMENT OF JUSTICE INSTITUTE A CIVIL ACTION AGAINST NICOR, SEEKING A CIVIL PENALTY NOT TO EXCEED $2, 230,000.