CAUSE OF ACTION/NATURE OF THE CASE: THIS IS TO BE A CIVIL ACTION AGAINST THE QUAKER STA- TE OIL REFINING CORP OF NEWELL, WV, FOR VIOL'S OF SEC 301 (A) OF THE CAA, 33 USC SEC 1311(A). QUAKER STATE OPERATES A PETROLEUM REFINING FACILITY IN NEWELL, WV, ONE OF SEV- ERAL SUCH FACILITIES OWNED BY THE RESPONDENT. THE FACILI- TY PRODUCES AUTOMOTIVE MOTOR OIL & DISCHARGES PROCESS AUTOMOTIVE MOTOR OIL. THE FACILITY DISCHARGES PROCESS WASTES TO THE OHIO RIVER FROM TWO OUTFALLS. CAUSE OF ACTION/NATURE OF THE CASE: THE AGENCY ISSUED A NPDES PERMIT TO QUAKER STATE TO REGULATE ITS DISCHARGES ON 10/27/79. THE PERMIT, SINCE EXPIRED, HAS BEEN CONTINUED INEFFECT PURSUANT TO 40 CFR SEC 122.5(A) & 5 USC 558(C) FOLLOWING QUAKER STATE'S TIM- ELY APPLICATION FOR PERMIT RENEWAL. QUAKER STATE HAS BEEN IN NEARLY CONTINUOUS VIOL OF THE PERMIT'S FINAL EFFUENT LIMITATIONS FOR AT LEAST 30 MONTHS. THE RESPONDENT HAS VIOL'D LIMITATIONS FOR THE FOLLOWING PARAMETERS: TOTAL SUSPENDED SOLIDS(TSS), AMMONIA(NH3), OIL & GREASE, SULFI- DES & BIOLOGICAL OXYGEN DEMAND (BOD5). THE AGENCY ISSUED 5 ADMINISTRATOR ORDERS TO THE RESPONDENT REQUIRING IT TO COME INTO COMPLAINCE W/ PERMIT CONDITIONS DATED 7/14/76; 9/26/77; 6/1/79; 12/20/ 79; & 12/24/80. QUAKER STATE FAILED TO COME INTO CONTIN- UOUS COMPLAINCE DESPITE THESE 5 ORDERS