RESPONDENTS GRAVATT, PATINO AND LEONARD WERE OWNERS AND OPERATORS OF THE WHITEWOOD CUSTOM TREATERS, INC., DURING A LARGE SPELL OF TREATMENT SOLUTION INTO WHITEWOOD CREEK IN JANUARY OF 1982. ADJACENT TO THE 'WCT' SITE ARE A TRAILER PARK, A RAILROAD, A LUMBER YARD AND A HIGHWAY. THE SITE SLOPES TOWARD THE EAST, THUS ANY SURFACE RUNOFF WOULD IMPACT THE AREA SURROUNDING THE HOUSE TRAILERS. A SOIL BERM HAS RECENTLY BEEN PLACED IN A POSITION TO INTERUPT SURFACE RUN- OFF TO THE AKERS' AND ROBERTS' PROPERITES. A DRY WASH, WHICH ONCE CARRIED IRRIGATION WATER, RUNS FROM THE SOUTHEAST BOUNDARY OF THE SITE THROUGH THE AKERS' AND ROBERTS' PROPERTIES. WCT USED THE SITE TO TREAT WOOD WITH A SOLUTION CONSISTING OF COPPER OXIDE, ARSENIC PENTOXIDE, AND CHROMIC ACID. WOOD WAS TREATED WITH THE SOLUTION IN A PRESSURE TANK AND THEN ALLOWED TO DRY ON A DRIP PAD. A SUMP PUMP COLLECT- ED EXCESS SOLUTION FROM THE PRESSURE TANK AND DRIP PAD AND SENT IT TO TWO STORAGE TNAKS. ANY OVERFLOW FROM THESE TANKS WENT TO A DIVERSION VALVE WHICH IS CONNECTED TO THE CITY SEWER AND LEACH FIELD. IN JANUARY OF 1982, 9,000 GALLONS OF THE SOLUTION PASSED THROUGHT THE VALVE INTO THE CITY SEWER SYSTEM.