THE PROPOSED DEFENDANT, MEADOW GOLD DAIRIES, INC. (MEADOW GOLD) OWNS AND OPERATES A DAIRY PRODUCTS PROCESSING FACILITY IN KALISPELL, MONTANA. MEADOW GOLD HAS DISCHARGED POLLUTANTS FROM ITS FACILITY INTO WATERS OF THE UNITED STATES WITHOUT A PERMIT. SPECIFICALLY, MEADOW GOLD HAS DISCHARGED APPROXIMATELY 60,000 GALLONS OF WASTEWATER CONSISTING OF RINSE WATER AND WASH WATER FROM CLEAN-UP OF PROCESSING OPERATIONS--INTO SPRING CREEK EVERY WEEK DURING WINTER MONTHS. THE DISCHARGE HAS APPARENTLY OCCURRED FOR THE PAST TEN YEARS. EPA HAS CLEAR DOCUMENTATION OF DIS- CHARGE FOR THE WINTER MONTHS OF 1989-1990, AFTER MEADOW GOLD SIGNIFICANTLY INCREASED PRODUCTION AT THE FACILITY. MEADOW GOLD HAS NEVER APPLIED FOR A PERMIT FOR THE DISCHARGE UNDER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES). THE WASTEWATER DISCHARGED BY MEADOW GOLD CONTAINS SIGNIFICANT CONCENTRATIONS OF BOD5 (BIOLOGICAL OXYGEN DEMAND ON A FIVE-DAY BASIS) AND TSS (TOTAL SUSPENDED SOLIDS). THE RECEIVING WATER, SPRING CREEK, HAS BEEN MARKEDLY DEGRADED BELOW THE DISCHARGE, EXHIBITING FOUL ODORS, ELEVATED BOD5 AND TSS, AND LOW DISSOLVED OXYGEN. WHITE SLIME IS FOUND IN THE STREAM BELOW THE DISCHARGE, AND USUAL AQUATIC SPECIES ARE ABSENT. EPA SEEKS PENALTIES OF AT LEAST $304,0000, AS WELL AS INJUNCTIVE RELIEF IN THE FORM OF A PLA