NATURE OF THE CASE: THE DEF IN THIS CASE IS WESTERN DAIRYMEN COOP, INC. (WDCI). WDCI IS A NE COOP ASSOCIATION WHICH OWNS & OPER- ATES A DAIRY PRODUCTS PROCESSING PLANT LOCATED NEAR RICHMAN, UTAH. THIS REFERRAL SEEKS A CIVIL ACTION PUR- SUANT TO SEC 309(B) & (D) OF THE CWA, 33 USC SEC 1319(B) & (D). THE STATE OF UTAH IS ALSO PROCEEDING AGAINST WDCI IN AN ENFORCEMENT ACTION BASED ON STATE LAW. CAUSE OF ACTION: WDCI'S PLANT PROCESSES MILK & MAKES VARIOUS DAIRY PRODUCTS INCLUDING CHEESE. THE PLANT DISCHARGED WASTE WATER WHICH CONTAINS WASTE PRODUCTS INCLUDING OCCASION- ALLY HIGH CONCENTRATIONS OF WHEY. WDCI HAS AN NPDES PER- MIT COVERING THE DISCHARGES FROM THE PLANT. VIOL'S OF THIS PERMIT IN 1974 LED TO THE ENTRY OF A CD, 9/24/75 & COL- LECTION OF $15K IN CIVIL PLTY'S. ON 4/8/81, THIS PERMIT WAS REISSUED W/, AMONG OTHER THINGS, EFFLUENT LIMITATIONS BASED ON THE BEST PRACTICABLE WASTE TREATMENT(BPT) STAND- ARDS OF 40 CFR PART 405. IN 11/81 & 1/82, WDCI AGAIN VIOL'D THEIR NPDES PERMIT BY DISCHARGING POLLUNANTS IN CONCENTRATIONS BEYOND THOSE ALLOWED BY THEIR BPT EFFLUENT LIMITATIONS, FAILING TO NOTIFY EPA OF THOSE DISCHARGES W/IN THE TIME REQUIRED, FAILING TO NOTIFY EPA OF PRODUC- TION INCREASES AS REQUIRED, & FAILING TO MEET OPERATION & MAINTENANCE REQUIREMENTS. C.A.N. NC-75