NATURE OF CASE THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 309(B) OF THE CLEAN WATER ACT, AS AMENDED 33 U.S.C. SECTION 1319(B) AGAINST COLLINS PLATING, A NICKEL-CHROME ELECTROPLATING COM- PANY, FOR VIOLATION OF SECTION 301(A) AND 307(D) OF THE CLEAN WATER ACT, AS AMENDED, 33 U.S.C. SECTION 1311(A) AND 1317(D) RESPECTIVELY AND 40 C.F.R. SECTION 403.5(B)(2). CAUSE OF ACTION AT APPROXIMATELY 5:00 P.M. ON FEBRUARY 15, 1984, COLLIN S PLATING DISCHARGED 1400 GALLONS OF A NICKEL STRIPPING SOLU TION CONTAINING 70% SULFURIC ACID. THIS DISCHARGE INTERFER- ED WITH THE OPERATIONS AND PERFORMANCE OF THE SOUTH FORT COLLINS SANITATION DISTRICT POTW BY CAUSING (1) A CESSATION OF ALL BIOLOGICAL ACTIVITY IN ITS ACTIVATED SLUDGE SYSTEM; AND (2) CAUSED THE POTW TO VIOLATE ITS NPDES PERMIT EFFLUENT PH LIMITS. IT HAS BE CALCULATED THAT THE DISCHARGE ITSELF HAD A PH LOWER THAN THE 5.0 MINIMUM SPECIFIED IN 40 C.F.R. SECTION 403.5(B)(2). PROPOSED REMEDY THE SOUTH FORT COLLINS SANITATION DISTRICT RECEIVED $3,000 FROM COLLINS PLATING BECAUSE OF THIS DISCHARGE - $1,000 AS LIQUIDATED DAMAGES (TO RESEED THE POTW'S AERATION BASIN), AND $2,000 PENALTIES. WE ARE SEEKING THE DIFFER- ENCE BETWEEN THE $3,000 PAID TO SANITATION DISTRICT AND THE $20,000 OF POTENTIAL LIABILITY AVAILABL