ARMOUR FRESH MEATS CO (ARMOUR), A SUBSIDIARY OF CON AGRA INC, OPERATES A COMPLEX SLAUGHTERHOUSE AND MEAT PROCESSING FACILITY IMMEDIATELY EAST OF NAMPA, ID. ON THE MORNING OF 1/31/86, A BREACH OCCURRED IN A WASTE TREATMENT POND ADJACENT TO THE PACKING PLANT ALLOWING A DISCHARGE OF APPROXIMATELY 6.7 MILLION GALLONS OF PARTIALLY-TREATED PROCESS WASTEWATER AND SLUDGE INTO INDIAN CREEK, A SMALL WATERCOURSE. THIS DISCHARGE CAUSED SEVERE ENVIRONMENTAL DAMAGE TO THE RESIDENT FISHERY AND OTHER BIOTA IN INDIAN CREEK FROM THE ARMOUR PLANT SITE THROUGH NAMPA AND CALDWELL, ID, TO THE BOISE RIVER, ABOUT 12 MILES DOWNSTREAM. ALTHOUGH ARMOUR WAS AWARE OF THE IMMEDIATE DAMAGE AND WAS AWARE THAT THEIR DISCHARGE WAS OF CONTINUING NATURE, COMPANY OFFICIALS POSTPONED THE CESSATION OF PRODUCTION UNTIL APPROXIMATELY 7 PM ON 1/31/86. PRODUCTION DISCHARGE CONTINUED UNTIL ABOUT 4 PM ON 2/1/86 AT WHICH TIME ARMOUR COMPLETED TEMPORARY REPAIR OF THE BREACHED DIKE. IN PART, THE DISCHARGE CONTINUED BECAUSE OF PLANT CLEAN-UP OPERATIONS REQUIRED BY USDA REGULATIONS. ARMOUR'S TREATMENT FACILITIES WERE INSPECTED 1/8, 1/9, 1/22, 1/31, 2/1, 2/2, 2/4, 2/18, 2/21, 4/3, 4/23, 4/28, 5/2/86. SAMPLES WERE TAKEN DURING THE MAJORITY OF THESE INSPECTIONS, AND REVEALED THAT VIOLATIONS OF ARMOUR'S NPDES PERMIT EFFLUENT LIMITATIONS WERE OCCURRING IN THE EFFLUENT STREAM. IN THE JUDGMENT OF THE INSPEC