THIS CASE INVOLVES AN ONGOING UNPERMITTED DISCHARGE TO WATERS OF THE U.S., INCLUDING SURFACE WATERS AND WETLANDS, OF EFFLUENT FROM A MEATPACKING OPERATION. EFFORTS OF THE STATE OF SOUTH DAKOTA, A NONDELEGATED STATE, TO GET THE COM- PANY TO TERMINATE ITS DISCHARGE VOLUNTARILY HAVE FAILED AND THE MATTER WAS TAKEN UP FOR ENFORCEMENT ACTION, INCLUDING THE ISSUANCE OF A COMPLIANCE ORDER REQUIRING THE UNPERMITTED DISCHARGE TO CEASE IMMEDIATELY, IN JULY, 1989. OVERTURES HAVE BEEN MADE FROM COMPANY ATTORNEYS TO ORC FOR PURPOSES OF SETTLEMENT; THE POSSIBILITY OF EARLY SETTLEMENT OF THIS MATTER IS A GOOD ONE.