THE DEFENDANT IN THE PROPOSED CIVIL ACTION IS S & K PLATING, INC. S & K OWNS AND OPERATES AN ELECTROPLATING FACILITY LOCATED IN COMPTON, CA. THE FACILITY DISCHARGES PROCESS WASTEWATER INTO THE JOINT WATER POLLUTION CONTROL PL ANT (JWPCP) OWNED AND OPERATED BY THE LOS ANGELES COUNTY SAN ITATION DISTRICTS (LACSD) WHERE IT IS TREATED PRIOR TO BEING DISCHARGED INTO THE PACIFIC OCEAN. THE JWPCP IS OPERATING U NDER EXISTING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT # CA0053813. S & K IS NOT REQUIRED TO OBTAIN AN NPDES PERMIT FOR THE PLANT BECAUSE IT DISCHARGES INTO A PUBLICLY OWNED TREATMENT WORKS (POTW). S & K MUST COM PLY WITH PRETREATMENT REQUIREMENTS OF SECT. 307 OF THE CWA, 33 U.S.C. 1317. THE BASELINE MONITORING REPORT (BMR) S & K SUBMITTED TO LACSD INDICATES THAT S & K IS DISCHARGING HEAVY METALS INTO THE JWPCP IN EXCESS OF THE PRETREATMENT STANDARDS FOR EXISTING ELECTROPLATING FACILITIES. 40 C.F.R. 413. CHEMICA L ANALYSES PERFORMED ON S & K'S DISCHARGE CONFIRMED THE OCCURRENCE OF EFFLUENT VIOLATIONS FOR NICKEL, CHROMIUM, ZINC , CYANIDE AND TOTAL METALS. THE MOST FLAGRANT VIOLATIONS WE RE THE DISCHARGES OF CONSISTENTLY HIGH LEVELS OF ZINC AND CYANIDE. BASED ON SAMPLING DATA AND INSPECTION OF THE FACIL ITY, EPA BELIEVES THAT S & K WILL BE IN CONTINUOUS VIOLATION OF THE ELECTROPLATING PRETREATMENT STANDARDS UNTIL IT COM- PLETELY IMPLEMENTS ITS PROPOSED PRETREATME