VIOLATION OF A CONSENT DECREE ENTERED ON 08/27/84, IN THE U.S. DISTRICT COURT FOR KANSAS. THE RELEVANT TERMS OF THE CD WHICH ARE SUBJECT TO REFERRAL ARE SECTIONS ARE SECTIONS III AND VI. SECTION III CONTAINS A COMPLIANCE SCHEDULE FOR COMPLETION OF A PRETREATMENT SYSTEM. THE COMPLIANCE SCHEDULE REQUIRES THAT: BY SEPTEMBER 28, 1985, DEFENDANT SHALL ACHIEVE AND DEMONSTRATE, AND THEREAFTER MAINTAIN, FINAL COM- PLIANCE AT THE PLANT.... ITEM 6 OF THE DETAILED COMPLIANCE SCHEDULE IS: 6. COMPLETE INSTALLATION OF TANKS AND PIPING, TIE-IN IN-PLANT COLLECTIONS SYSTEM; COMPLETE ON-LINE MANUAL OPERA- TION AND ACHIEVE AND DEMONSTRATE COMPLAINCE BY 09/28/85,... USING THE FINAL TREATMENT SYSTEM WHICH DEFENDANT WILL OPER- ATE FOR THE DURATION OF THE DECREE (EMPHASIS ADDED). PURSUANT TO THE DECREE, GMC DEMONSTRATED COMPLIANCE AS SPECIFIED BY TERMS OF THE DECREE; TO-WIT: COLLECTED SIX COMPOSITE SAMPLES WITHIN THE 2 WEEK PEROID PRIOR TO 09/29/85 THE RESULTS OF THESE SAMPLINGS WERE RECEIVED BY EPA 09/16/85 AND 10/07/85. BY LETTER DATED 06/04/86, GMC'S FAIRFAX PLANT MGR, A.M. BEIRNE, NOTIFIED REGION VII THAT ON 05/01/86, GMC DISCOVERED ELEVATED LEVELS OF ZINC, CHROMIUM AND LEAD IN ONE SAMPLE OF THE FINAL WASTEWATER EFFLUENT FROM THE FAIRFAX PLANT TO AN ERRANT DISCHARGE FROM THE PLANT'S