****** BESST CHEMICAL CORP. FAILED TO SEEK NPDES PERMIT COVERAGE FOR ITS FACILITY UNDER THE MSGP AND DISCHARGED STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES W/O AN NPDES PERMIT FROM DEC. 30, 1998 UNTIL AUGUST 2, 2000. A CLASS II CIVIL PENALTY IS PROPOSED. ****** RESPONDENT ALLEGED INABILITY TO PAY PENALTY. EPA REVIEWED FINANCIAL DOCUMENT AND DETERMINED THAT RESPONDENT WAS IN PRECARIOUS CONDITION AND COULD PAY THE CALCULATED ECONOMIC BENEFIT. RESPONDENT SETTLED FOR SLIGHTLY ABOVE THE ECONOMIC BENEFIT.