SYNOPSIS OF THE CASE THIS PROPOSED ACTION CONCERNS CLEAN WATER ACT VIOLA- TIONS BY THE HILO COAST PROCESSING COMPANY ( HCPC ) AT THE PEPEEKEO SUGAR MILL, IN PEPEEKEO, ON THE ISLAND OF HAWAII. HCPC HAS VIOLATED CONDITIONS OF ITS NATIONAL POLLUTANT DIS- CHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT FOR SEVERAL YEARS, AND EPA PROPOSES TO SEEK CIVIL PENALTIES FOR PAST VIOLATIONS (WITHIN THE STATUTE OF LIMITATIONS) AND AN IN- JUNCTION TO PREVENT CONTINUING VIOLATIONS IN THE FUTURE. HCPC PROCESSES RAW SUGAR CANE AT PEPEEKEO. THE RAW CANE COMES TO THE MILL COVERED WITH MUD AND DIRT FROM THE HARVESTING PROCESS. THIS MUD AND DIRT IS WASHED FROM THE CANE, AND THE WASHWATER IS TREATED IN ORDER TO REMOVE THE TOTAL SUSPENDED SOLIDS DERIVED FROM THE MUD AND DIRT. AFTER TREATMENT, THE WASHWATER IS DISCHARGED TO THE PACIFIC OCEAN. HCPC'S TREATMENT SYSTEM CONSISTS MAINLY OF A SERIES OF SETTLING PONDS: AS THE WASHWATER PASSES THROUGH THE PONDS, THE SOLIDS SETTLE OUT AND CLEARER WASHWATER IS DISCHARGED TO THE OCEAN. WHILE THIS SYSTEM WAS LESS EXPENSIVE TO IN- STALL THAN OTHER SYSTEMS, IT IS EXPENSIVE TO OPERATE AND MAINTAIN BECAUSE THE PONDS MUST BE CONSTANTLY CLEANED OUT UNDER DIFFICULT CIRCUMSTANCES. THE PRIMARY REASON FOR HCPC'S PERMIT VIOLATIONS IS ITS FAILURE TO PROPERLY OPERATE AND MAINTAIN THE PONDS.