1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. DELTECH CORPORATION 11911 SCENIC HIGHWAY BATON ROUGE, EAST BATON ROUGE, LOUISIANA 70807 3. DELTECNCORP. OPERATES A FACILITY IN EAST BATON ROUGE PAR- ISH IN LOUISIANA. THE FACILITY MANUFACTURES VINYL TYPE MONOMERS, DIISOPROPENYLBENZENE, DIVINYLBENZENE, VINYL TOLUENE, AND MONOCHLOROACETIC ACID, WITH VINYLBENZENE (STYRENE) BEING THE MAJOR PRODUCT. THIS FACILITY IS REGU- LATED BY THE ORGANIC CHEMICALS, PLASTICS AND SYNTHETIC FIBERS EFFLUENT CATEGORY. DELTECH DISCHARGES TO THE MISSISSIPPI RIVER VIA THE BATON ROUGE HARBOR CANAL. A SERIES OF WARNING LETTERS AND ADMINISTRATIVE COMPLAINTS FILED BY EPA REGION 6 OVER THE LAST TEN YEARS HAVE FAILED TO BRING THE FACILITY INTO COMPLIANCE WITH ITS NPDES PER- MIT. THE VIOLATIONS OF THIS ACTION IS BASED ON THE EXCEEDANCE OF THE EFFLUENT LIMITS FOR BOD, DO, PH, TSS, AND ETHYL BENZENE OF ITS PERMIT ON NUMEROUS OCASSIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ACTION AGAINST THE RESPONDENT. EPA SEEKS PEN- ALTIES AND INJUNCTIVE RELIEF IN ORDER THAT THE FACILITY MAY COME INTO COMPLIANCE WITH ITS