THIS ACTION IS BROUGHT PURSUANT TO SECTION 309(B)&(D) OF THE CWA FOR ASSESSMENT OF A CIVIL PENALTY AGAINST THE DEF- ENDANT FOR ITS DISCHARGE OF POLLUTANTS IN VIOLATION OF SECT 301 OF THE CWA. GAF HAS VIOLATED ITS NPDES PERMIT EFFLUENT LIMITATIONS EACH MONTH SINCE THE PERMIT BECAME EFFECTIVE IN SEP 1980. THE MAJORITY OF VIOLATIONS INVOLVE THE PARAMETERS TOTAL SUSPENDED SOLIDS (TSS). CHEMICAL OXYGEN DEMAND (COD), AND ZINC. DESPITE THE ISSUANCE OF NOVIS AS WELL AS COM- PLIANCE AND PERFORMANCE AUDIT INSPECTIONS, THE FACILITY UNDULY DELAYED IN CORRECTING THE CONSTRUCTION AND OPERATION PROBLEMS ENCOUNTERED AT ITS WASTEWATER TREATMENT PLANT(WTP). AT A SHOW-CAUSE MEETING HELD ON SEP 28 1982, REPRESENTATIVES OF THE CO INDICATED THAT FULL COMPLIANCE WOULD NOT BE REACH- ED UNTIL SEPTEMBER 1983. IN A RECENT CONVERSATION, A GAF REP INFORMED THIS REGION THAT THE COMPANY HAS TAKEN ALMOST ALL STEPS RECOMMENDED BY I TS CONSULTING ENGINEERS TO COME INTO COMPLIANCE. IT IS THEREFORE ANTICIPATED THAT THE CO SHOULD SOON BE IN SUBSTAN- TIAL COMPLIANCE WITH THE PERMIT LIMITS. THIS ACTION, HOW- EVER, IS BEING REQUESTED FOR ASSESSMENT OF CIVIL PENALTIES FOR ALL PAST VIOLATIONS OF THE NPDES PERMIT. RESPONSE AND THAT UNLESS THE RESPONDENT FILED ITS MATERIAL BY MAY 31, 1982, A DEFAULT JUDGMENT WOULD BE ISSUED.