IN 11/90, OHIO EPA INSPECTION REVEALED DIRECT DISCHARGES FROM ELJER PLANT INTO STONE MILL RUN, A NAVIGABLE WATER. ELJER'S NPDES PERMIT WAS WITHDRAWN IN 1982. ELJER DOES NOT HAVE A PERMIT FOR THESE UNAUTHORIZED DISCHARGES. USEPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER IN 3/91 ORDERING ELJER TO CEASE UNAUTHORIZED DISCHARGES TO STONE MILL RUN. OF 2 UNAUTHORIZED DISCHARGES ELJER HAS CEASED 1 AND PLANS TO CEASE THE OTHER BY 7/92. - THE DEFENDANT'S CONTINUING UNAUTHORIZED DISCHARGE THROUGH 1 OF 2 UNAUTHORIZED OUTFALLS IS IN VIOLATION OF SECTIONS 301 & 309 OF THE ACT, 33 USC SECTIONS 1311 AND 1319. - THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE OHIO EPA IN 9/90 AND 11/90AND THE DEFENDANT'S 4/91 RESPONSE TO AN INFORMATION REQUEST. REGION V SEEKS TO ENJOIN THE DEF FROM FURTHER VIOLATION OF THE ACT AND THE IMPOSITION OF CIVIL PENALTIES OF AT LEAST $305,000. IN ADDITION, THE THE REGION RECOMMENDS THAT SEDIMENT REMEDIATION BE REQUIRED AS PART OF A SETTLEMENT AGREEMENT WITH ELJER, AT SUCH TIME AS THE REGION DEVELOPS EVIDENCE THAT ELJER CAUSED OR CON- TRIBUTED TO THE SEDIMENT POLLUTION AT STONE MILL RUN.