1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1311(A). 2. YAFFE IRON AND METAL COMPANY, INC. END OF SOUTH G STREET MUSKOGEE, OKLAHOMA 3. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE CWA BY DISCHARGING INDUSTRIAL WASTEWATER (THE SEPARATED CONTAM- INATED WASTEWATER FROM THE TANK FARM AND TRANSFORMER BUILDING OIL WATER SEPARATORS, AND NON-CONTACT COOLING WATER FROM THE TRANSFORMER BUILDING AREA), PROCESS QUENCH WASTEWATER (THE ALUMINUM FURNACE SMELTING AREA), AND CON- TAMINATED STORMWATER RUN-OFF WITHOUT A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR SUCH DIS- CHARGES, TO AN UNNAMED DITCH; THENCE TO A HOLDING POND, ON UNION PACIFIC'S PROPERTY; AND THENCE TO COODY CREEK. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA IS REQUESTING THAT DOJ PURSUE A PENALTY OF $324,430.00 AND A REQUEST THAT THE RESPONDENT CEASE ALL DISCHARGES OF IN- DUSTRIAL AND PROCESS WASTEWATERS . 5. THIS CASE WAS REFERRED TO DOJ ON JUN. 25, 1993. 6. YAFFE IRON AND METAL COMPANY, INC., A METAL RECYCLING OP- ERATION LOCATED IN MUSKOGEE, OK., RECYCLES ELECTRIC TRANSFORMERS AND OTHER TYPES OF METALS. THIS FACILITY HAS BEEN IN OPERATION SINCE 1964. THE PROPERTY, PRIOR TO 1963, WAS A RAILROAD YARD OWNED A