THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF CWA AS AMENDED, WHERE APPLICABLE, BY THE WATER QUALITY ACT OF 1987, PL-100-4 (2/4/87) BY DEFENDANT PORT OF PORT- LAND. THESE VIOLATIONS WERE ORIGINALLY REFERRED AS A CRIMINAL MATTER TO THE ENVIRONMENTAL CRIMES SECTION OF DOJ AND TO THE U S ATTORNEY FOR DISTRICT OF OREGON ON 12/14/87. AFTER EVALUATION BY THE EVIRONMENTAL CRIMES SECTION AND U S ATTORNEY'S OFFICE, IT WAS RECOMMENDED THAT THIS MATTER WOULD BE MORE APPROPRIATELY PURSUED IN A CIVIL ACTION. PURSUANT TO THIS RECOMMENDATION, THE MATTER WAS REFERRED ON 4/18/88 TO DAVID BUENTE, CHIEF OF ENVIRONMENTAL ENFORCEMENT SECTION BY JUDD STARR, CHIEF OF ENVIRONMENTAL CRIMES SECTION FOR CIVIL ENFORCEMENT. EPA, REGION 10, CONCURS IN THAT RECOMMENDATION AND REQUESTS THAT THIS MATTER BE PURSUED CIVILLY. EPA REQUESTS CIVIL JUDICIAL RELIEF REQUIRING BOTH A PENALTY AND INJUNCTIVE RELIEF. THE MAXIMUM PENALTY FOR THE PRESENT VIOLATIONS IS $45,000. HOWEVER, WE ANTICIPATE THAT THIS AMOUNT WILL INCREASE SUBSTANTIALLY AFTER THE INITIATION OF DISCOVERY BECAUSE THE UNPERMITTED DISCHARGES BY THE PORT OF PORTLAND APPEAR TO HAVE BEEN A REGULAR PRACTICE FOR A NUMBER OF YEARS. EPA SEEKS THE MAXIMUM PENALTY FROM THE PORT OF PORTLAND BASED ON THE SERIOUS