MENT AND TO PAY STIPULATED PENALTIES AND THE COSTS ASSOCI- ATED WITH THE LITIGATION. THE PROPOSED CONTEMPT ACTION WOULD BE FILED PURSUANT TO THE COURT'S CONTINUING JURISDICTION OVER THE CONSENT JUDGE- MENT. DIRECT REFERRAL OF MONITOR SUGAR COMPANY, BAY CITY, MI BACKGROUND AND NATURE OF THE CASE ON DECEMBER 5, 1984, REGION V ISSUED A NOTICE OF VIOLATION TO MONITOR SUGAR COMPANY FOR VIOLATION OF MICHIGAN SIP, MAPCC RULE 336.1301 AT ITS BAY CITY, MICHIGAN, SUGAR BEET REFINERY. MAPCC RULE 336.1301 IS PART OF THE FEDERALLY APPROVED AND ENFORCEABLE MICHIGAN SIP AND LIMITS VISIBLE EMISSIONS INTO THE AIR. VISIBLE EMISSIONS FROM THREE OF MONITOR'S BOILERS HAVE CONSISTENTLY FAR EXCEEDED THESE LIMITS FOR SEVERAL YEARS. MONITOR HAS NOT INSTALLED CONTROL EQUIPMENT TO LIMIT EMISSIONS. BAY COUNTY, IN WHICH THE BAY CITY REFINERY IS LOCATED, IS ATTAINMENT FOR PARTICULATE MAT- TER EMISSIONS. CAUSE OF ACTION MONITOR SUGAR COMPANY'S VISIBLE EMISSIONS ARE IN VIOLA- TION OF THE MICHIGAN SIP AND U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES UN- DER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413 PROPOSED PENALTY IN ORDER TO ACHIEVE COMPLIANCE