THE TOSCO REFINERY IN AVON, CALIFORNIA PROCESSES CRUDE OIL FOR THE MANUFACTURE OF GASOLINE. IT DISCHARGES ITS EFFLUENT INTO SAN FRANCISCO BAY UNDER A STATE ISSUED NPDES PERMIT. THE REFINERY HAS A HISTORY OF PERMIT VIOLATIONS OVER THE PAST 5 YEARS. THERE ARE MORE THAN 100 VIOLATIONS OF DAILY MAXIMUM EFFLUENT LIMITS AND 30 VIOLATIONS OF KNOWN MONTHLY AVERAGE DISCHARGE REQUIREMENTS. DEFENDANT WILL NEED TO CONSTRUCT ADDITIONAL TREATMENT CAPACITY IN ORDER TO COME INTO CONSISTANT COMPLIANCE WITH ITS PERMIT. PENALTIES WILL BE SOUGHT FOR THE NPDES PERMIT VIOLATIONS USING THE AGENCY'S PENALTY POLICY. THE STATE WATER QUALITY CONTROL BOARD, SAN FRANCISCO REGION, HAS EXPRESSED AN INTEREST IN JOINING THIS CIVIL ACTION.