THIS IS AN EMERGENCY REFERRAL TO THE DEPARTMENT OF JUSTICE TO FILE SUIT UNDER THE CLEAN WATER ACT AGAINST JOHN MORRELL & COMPANY, AND CHIQUITA BRANDS INTERNATIONAL, INC. FOR EFFLUENT VIOLATIONS FROM MORRELL'S WASTEWATER TREATMENT PLANT AT ITS FACILITY IN SIOUX FALLS, SOUTH DAKOTA. REGION VIII'S IMMEDIATE CONCERN IS THAT THE DEPARTMENT OF JUSTICE ENTER INTO A CONSENT DECREE WITH MORRELL FOR INJUNCTIVE RELIEF RESERVING THE AGENCY'S RIGHT TO PURSUE PENALTIES AT A LATER DATE. MORRELL IS UNDER INVESTIGATION FOR CRIMINAL VIOLATIONS. THIS ACTION IS LIMITED TO INJUNCTIVE RELIEF RESERVING THE AGENCY'S RIGHT TO COLLECT PENALTIES UPON CLOSURE OF ANY CRIMINAL PROCEEDING. INJUNCTIVE RELIEF IS IMPERATIVE BECAUSE MORRELL IS NOT PRESENTLY MEETING AND WILL NOT MEET ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT LIMITS FOR AMMONIA DURING THE SUMMER MONTHS OF 1993.