THE DEF. IN THE PROPOSED CIV. ACTION IS CHEMPLATE CORP. CHEMPLATE OWNS & OPERATES AN ELECTROPLATING FACILITY IN LOS ANGELES, CA. THE FACILITY DISCHARGES PROCESS WASTEWATER INTO THE JOINT WATER POLLUTION CONTROL PLANT (JWPCP) OWNED & OPER ATED BY THE L.A. COUNTY SANITATION DISTRICTS (LACSD) WHERE IT IS TREATED PRIOR TO BEING DISCHARGED INTO THE PACIFIC OCEAN. THE JWPCP OPERATES UNDER EXISTING NPDES PERMIT # CA00 53813. CHEMPLATE IS NOT REQUIRED TO OBTAIN A NPDES PERMIT FOR THE PLANT BECAUSE IT DISCHARGES INTO A PUBLICLY OWNED TREATMENT WORKS (POTW). AS AN INDUSTRY WHICH DISCHARGES INTO A POTW, CHEMPLATE IS REQUIRED TO COMPLY WITH THE PRETREATMEN T REQUIREMENTS OF CWA/307. THE BASELINE MONITORING REPORTS CHEMPLATE SUBMITTED TO LACSD INDICATE THAT CHEMPLATE IS DISCHARGING HEAVY METALS INTO THE JWPCP IN EXCESS OF THE PRETREATMENT STANDARDS FOR EXISTING ELECTROPLATING FACILITIES - 40 C.F.R. S 413. CHEM- ICAL ANALYSES PERFORMED ON CHEMPLATE'S DISCHARGE CONFIRMED THE OCCURRENCE OF EFFLUENT VIOLATIONS FOR NICKEL, CHROMIUM, COPPER, ZINC, CYANIDE AND TOTAL METALS. THESE POLLUTANTS ARE TOXIC & MANY ARE BIOACCUMULATIVE. THE MOST FLAGRANT VIOLA- TIONS WERE THE DISCHARGES OF CONSISTENTLY HIGH LEVELS OF NICKEL AND TOTAL METALS. BASED ON SAMPLING DATA & INSPECTION OF THE FACILITY, EPA REG. 9 BELIEVES THAT CHEMPLATE WILL BE IN CONTINUOUS VIOLATION OF THE ELECTROPLATING PRETRTMNT STAN DARDS UNTIL IT COMPLETELY IMPLEMENTS I