SYNOPSIS OF CASE: E.I. DUPONT DE NEMOURS AND COMPANY, INC. ( DU PONT, IS AUTHORIZED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ), VIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT# TX0006327 THE PERMIT TO DISCHARGE POLLUTANTS TO THE SABINE RIVER. THE FACILITY BEGAN EXPERIENCING FISHKILL INCIDENTS AS EARLY AS 1985. THAT YEAR A NUMBER OF FISHKILLS APPARENTLY RESULTED FROM DISCHARG ES OF PROCESS WATER TO THE FACILITY'S COOLING WATER DITCHES. THESEEARLIER FISHKILL INCIDENTS HAVE BEEN ATTRIBUTED TO THE DISCHARGE OF ORGANIC PEROXIDE INTIATOR TO THE REFERENCED DITHES, BYPASSING THE TREATMENT PROCESS AND KILLING LARGE QUANTITIES OF FISH IN THE DITCHES.