THE REGION IS SEEKING AUTHORIZATION TO INITIATE PRE- REFERRAL NEGOTIATIONS WITH MENNEN DE PUERTO RICO LTD ( MENNEN ) AND IS FORWARDING A MINI-LIT REPORT AND PROPOSED CONSENT DECREE. MENNEN OPERATES A FACILITY LOCATED AT STATE ROAD NO. 3 KM 24.3, JUNCOS, PR. THE FACILITY DISCHARGES POLLUTANTS INTO THE GURABO RIVER AND CEIBA CREEK, WATERS OF THE U.S. PURSUANT TO SECTION 402 OF THE CWA, 33 U.S.C. SECTION 1342, A NPDES PERMIT NO. PR0025135, WAS ISSUED ESTABLISHING DISCHARGE. DURING THE PERIOD FROM 5/1/88 TO 3/31/91, MENNEN'S DISCHARGE MONITORING REPORTS SUBMITTED TO EPA INDICATE THAT EFFLUENT DISCHARGE LIMITS FOR THE OUTFALLS WERE EXCEEDED. THE PROPOSED CONSENT DECREE REQUIRES THE DEFENDANT TO ENTER INTO A COMPLIANCE SCHEDULE WITH EPA THAT WOULD ELIMINATE ITS DIRECT PROCESS WASTEWATER DISCHARGE AND IMPLEMENT BEST MANAGEMENT PRACTICE FOR ITS STORMWATER DISCHARGE BY 9/30/91. THE REGION IS ALSO SEEKING A STIPULATED PENALTY PROVISION FOR ANY VIOLATIONS OF THE CONSENT DECREE. IN ADDITION, THE EPA SEEKS TO RECOVER IN SETTLEMENT, A CIVIL PENALTY OF $563,700, THE SETTLEMENT AMOUNT REPRESENTING THE ECONOMIC BENEFIT TO MENNEN FOR NON-COMPLIANCE ($283,000) PLUS A GRAVITY COMPONENT ($280,700) CALCULATED IN ACCORDANCE WITH THE AGENCY'S CWA CIVIL PENALTY POLICY.