NATURE OF CASE THE PROPOSED ACTION IS A CIVIL SUIT TO COLLECT A PENALTY FROM REFERENCED COMPANY PURSUANT TO THE PROVISIONS OF SEC- TION 309(D) OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (FWPCA) 33 U.S.C. 1319(D). LEGAL STATUS OF THE DEFENDANT PARK CITY VENTURES IS THE TRADE NAME FOR A PARTNERSHIP COMPRISED OF TWO GENERAL PARTNER, THE ANACONDA COMPANY AND THE AMERICAN SMELTING AND REFINING COMPANY. BASIS OF DEFENDANT'S LIABILITY: FACTUAL BACKGROUND PVC OPERATES A LEAD AND ZINC MINING FACILITY NEAR KEETLEY STATION, UTAH. ON OR ABOUT NOVEMBER 23 AND 24, 1976, FOR A PERIOD OF APPROXIMATELY 20 TO 24 HOURS, A DISCHARGE(SPILL) OF TAILINGS OCCURRED FROM THE PCV'S FOUR-INCH TAILING LINE, WITH APPROX- IMATELY FIVE TONS OF MATERIAL ENTERING SILVER CREEK. THIS TAILINGS MATERIAL WAS APPROXIMATELY 30% SOLIDS CONTAINING A HIGH CONCENTRATION OF HEAVY METALS (LEAD, ZINC, COPPER AND SILVER) HIGHLY TOXIC TO FISH.