THIS CIVIL ACTION IS TAKEN AGAINST CLARK EQUIPMENT COMPANY DBA MELROE COMPANY LOCATED AT: MAIN STREET 210 1ST AVENUE NE, GWINNER, ND 58040. THE GWINNER PLANT MANUFACTURES FARM AND HEAVY EQUIPMENT, INCLUDING THE WELL KNOWN BOBCAT . IN OPERATING THE FACILITY, CLARK VIOLATED SECTIONS OF THE CLEAN WATER ACT WHICH PROHIBIT THE DISCHARGE OF POLLUTANTS INTO A POTW IN VIOLATION OF PRETREATMENT STANDARDS. SPECIFICALLY, CLARK DISCHARGED ZINC TO THE CITY'S WASTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE FOR OCTOBER AND NOVEMBER 1992 AND EXCEEDING THE DAILY MAXIMUM IN NOVEMBER 1992. CLARK DISCHARGED LEAD TO THE WSTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE IN NOVEMBER 1992; AND, DISCHARGED COPPER INTO THE WASTEWATER TREATMENT SYSTEM EXCEEDING THE MONTHLY AVERAGE IN NOVEMBER 1992. CLARK FAILED FOR A PERIOD OF APPROXIMATELY 8 YEARS TO SUBMIT ITS BASELINE MONITORING REPORT, FAILED FOR A PERIOD OF 6 YEARS TO SAMPLE ITS DISCHARGE AND SUBMIT PERIODIC REPORTS ON CONTINUING COMPLIANCE. THE STATUTE OF LIMITATIONS LIMITS PENALTY ASSESSMENT TO THE PAST 5 YEARS; HENCE THE PERIOD OF NON-COMPLIANCE CONSIDERED FOR PENALTY CALCULATION IS JUNE 1988 TO JUNE 1993. CLARK'S FAILURE TO SUBMIT A BASELINE MONITORING REPORT, A 90-DAY COMPLIANCE REPORT, AND PERIODIC COMPLIANCE REPORTS FOR THE FACILITY BY THE REQUIRED SUBMISSION DATE DATE, GIVES RISE TO ANOTHER 10 VIOLATIONS. THE TOTAL NUMBER OF DAYS OF VIOLATIO