NATURE OF THE CASE: THE DEF IN THIS MATTER IS GAIL F. SOHLER, AN INDIVI- DUAL RESIDING IN YANKTON, SD. THE DEF'S CUNSEL IS JOHN R. KABEISEMAN, ALSO OF YANKTON. THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE BRUOGHT PURSUANT TO SEC 309(B) & (D) OF THE CWA, 33 USC SEC 1319(B) & (D). CAUSE OF ACTION: MR. SOHLER OWNS A FARM W/A CATTLE FEEDLOT OPERATION NEAR AVON, SD. THIS OPERATION CONTAINS 3 CONTINGUOUS FEED LOTS WHICH CONSTITUTE A CONCENTRATED ANIMAL FEEDING OP- ERATION AS DEFINED UNDER 40 CFR SEC 122.54 &, HENCE, A POINT SOURCE. EPA BECAME INVOLVED IN THIS CASE IN RESPON- SE TO A STAE REQUEST BASED ON A CITIZAN COMPLAINT. EPA HAS DOCUMENTATION OF DISCHARGES FROM THIS POINT SOURCE WHICH OCCURRED W/O THE REQUIRED NPDES PERMIT. ON 9/21/82, EPA ISSUED AN ADMINISTRATIVE ORDER UNDER SEC 309(A) OF THE ACT DIRECTING COMPLAINCE W/40 CFR PART 412. THE DEF DID NOT COMPLY W/THIS ORDER. ON 7/29/82, A GENERAL NPDES PERMIT REGULATING CONCENTRATED ANIMAL FEEDING OPERATIONS IN SD TOOK EFFECT. EPA HAS EVIDENCE THAT MR. SOHLER'S OPERATIONS HAD DISCHARGED IN VIOL OF THIS GENERAL PERMIT. PROPOSED REMEDY: EPA REGN 8 & MR. SOHLER HAVE REACHED AGREEMENT ON LANGUAGE FOR A STIPULATION OF STTLMNT & CD TO RESOLVE THIS CASE. THE BASIC TERMS OF THIS AGR