THIS A PROPOSED CIVIL ACTION UNDER SECTION 309 OF THE CLEAN WATER ACT (CWA), AS AMENDED, 33 U.S.C. SECTION 1319(B) AGAINST THE ATLAS MINERALS DIVISION OF ATLAS CORPORATION (HEREAFTER ATLAS MINERALS) FOR VIOLATIONS OF SECTION 301(A) OF THE CWA, 33 U.S.C. 1311(A), AND THE PROVISIONS AND LIMITATIONS PRESCRIBED IN A NATIONAL POLLUTANT DISCHARGE ELMINATION SYSTEM (NPDES) PERMIT ISSUED BY THE ADMINISTRATOR OF EPA PURSUANT TO SECTION 402 OF THE CWA, 33 U.S.C. SECTION 1342, AND REGULATIONS SET FORTH IN 40 C.F.R. 122. IN NOVEMBER 1982, ATLAS MINERALS WAS ISSUED ITS PRESENT NPDES PERMIT (UT-0023914) TO DISCHARGE FRON ITS VELVET MINE FACILITY IN LA SAL, UTAH, CERTAIN NAMED POLLUTANTS INTO THE RECEIVING WATERS OF AN UNNAMED WASH, TRIBUTARY TO KANE CANYON CREEK. THIS PERMIT DOES NOT EXPIRE UNTIL MARCH 31, 1987. OVER A PERIOD OF THIRTEEN (13) MONTHS, FROM JANUARY 1984 TO JANUARY 1985, ATLAS EXCEEDED THE DAILY AVERAGE AND MAXIMUN EFFLUENT LIMITS FOR TOTAL SUSPENDED SOLIDS (TSS), SOULBLE RADIUM 226, AND TOTAL RADIUM 226 IN ITS PERMIT A TOTAL OF 24 TIMES. IN THE OPINION OF THE REGIONAL EPA ENGINEER RESPONSIBLE FOR MONITORING THIS FACILITY, THESE VIOLATIONS WERE A RESULT OF INADEQUATE OPERATION AND MAINTENANCE OF THE TREATMENT FACILITIES. IN ADDITION, THE ATLAS PERMIT REQUIRED IT TO SUBMIT WRITTEN NOTICE OF ALL DAILY MAXIMUM EFFLUENT LIMITATIONS EXCESSES WITHIN FIVE DAYS OF LEARNING, OR BEING ADVISED OF SUCH C