HOLLY SUGAR CORPORATION OPERATES A SUGAR BEET PROCESSING FACILITY LOCATED AT SIDNEY, MT. THE FACILITY USUALLY IS OPE RATIONAL ONLY FROM OCTOBER THRU JANUARY. WASTEWATERS WHICH RESULT FROM DEFENDANT'S BEET PROCESSING OPERATIONS CONTAIN HEAVY CONCENTRATIONS OF ORGANIC MATERIALS WHICH, WHEN INTRODUCED TO THE RECEIVING WATERS, CONSUME THE DISSOLVED OXYGEN IN SUCH WATERS. THE TYPE OF WASTE MATERIAL IS IDEN- TIFIED AS BIOCHEMICAL OXYGEN DEMAND(BOD)5. THE COMPANY DISCHARGES ITS WASTE WATER THRU A SERIS OF TREATMENT PONDS LOCATED ON ITS PROPERTY TO THE UNNAMED DITCH, WHICH IN TURN DISCHARGES TO THE YELLOWSTONE RIVER. DURING THE 1973 PROCESSING CAMPAIGN, THE COMPANY VIOLATED CERTAIN PROVISIONS OF THEIR NPDES PERMIT, INCLUDING THE BOD5 LIMITATION PROVIDED IN SECTION 2 OF THE SPECIAL CONDITIONS.