LITIGATION REFERRAL FOR MODIFICATIONS TO A CLEAN WATER ACT CONSENT DECREE: THE DECREE WAS ENTERED BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF ALASKA ON AUGUST 1, 1984 IN SETTLEMENT OF THE CLEAN WATER ACT ENFORCEMENT ACTION OF THE UNITED STATES V. TRIDENT SEAFOODS CORP. THAT ENFORCEMENT ACTION WAS COMMENCED BY A COMPLAINT FILED ON JUNE 29, 1983 TO ADDRESS TRIDENT'S DISCHARGE OF WASTES WITHOUT AN NPDES PERMIT FROM ITS SEAFOOD PROCESSING PLANT LOCATED IN AKUTAN, AK (PART OF THE ALEUTIAN ISLANDS). EPA FILED AN AMENDED COMPLAINT ON MARCH 15, 1984 IN RESPONSE TO TRIDENT'S DEPOSIT OF FILL MATERIAL IN THE INTERTIDAL AND SUBTIDAL AREA NEXT TO TRIDENT'S PROCESSING PLANT WITHOUT A PERMIT ISSUED UNDER SECTION 404 OF THE CLEAN WATER ACT. THE DECREE, WHICH REMAINS IN EFFECT, SPECIFIED A NUMBER OF REQUIREMENTS FOR OPERATION OF THE PROCESSING PLANT AS WELL AS REQUIRING TRIDENT TO EITHER ENCLOSE OR REMOVE THE FILL BY OCTOBER 31, 1984; THE COMPANY FAILED TO MEET THE OCTOBER 31 DEADLINE. THE GOVERNMENT CAN SEEK AN ORDER OF CIVIL CONTEMPT, DIRECTING TRIDENT TO COMPLY WITH THE TERMS OF THE PRIOR DECREE AND PAY STIPULATED MONETARY PENALTIES, IN RESPONSE TO THE CONSENT DECREE VIOLATIONS THAT HAVE OCCURRED. THE PRESENCE OF AFFIRMATIVE DEFENSES TO TRIDENT'S VIOLATIONS OF THE DECREE SHOULD NOT DISSUADE THE GOVERNMENT FROM MOVING FOR AN ORDER OF CONTEMPT. NEVERTHEL