THE CITY OF SEATTLE INADVERTENTLY DISCHARGED POSSIBLY UP TO 4 MILLION GALLONS OF UNTREATED SEWAGE INTO UNION BAY OF LAKE WASHINGTON, SEATTLE, WA IN TWO SEPARATE INCIDENTS DURING 9/88 AND 12/88. MORE DISCOVERY IS REQUIRED TO DETERMINE THE EXACT AMOUNT SPILLED. THE DISCHARGES RESULTED FROM THE DIVERSION OF A SEWER LINE INTO A STORM DRAIN BY A CONTRACTOR FROM THE CITY, CONSTRUCTORS - PAMCO, WHICH WAS RECONSTRUCTING A SEWAGE SYSTEM NEAR UNION BAY WHEN THE DISCHARGES OCCURRED. NEITHER THE CITY NOR PAMCO HAS A NPDES PERMIT THAT AUTHORIZED THE DISCHARGES THAT ARE THE SUBJECT OF THIS REFERRAL. THE WA STATE DEPT OF ECOLOGY ORIGINALLY INVESTIGATED THE CASE, BUT REFERRED IT TO EPA IN 1/90 FOR ENFORCEMENT ACTION, CITING 'LACK OF RESOURCES' AS THE REASON FOR THE REFERRAL. OWNERS OF HOMES LOCATED NEAR THE SITE OF THE DISCHARGE HAVE SUED THE CITY AND PAMCO BASED ON PUBLIC AND PRIVATE NUISANCE AND NEGLIGENCE. PLAINTIFFS IN THAT CASE ARE SEEKING BOTH INJUNCTIVE AND MONETARY RELIEF. SETTLEMENT NEGOTIATIONS IN THAT CASE HAVE STALLED AND IT HAS YET TO ENTER THE DISCOVERY PHASE. INJUNCTIVE RELIEF IS REQUESTED. DEFENDANTS SHOULD BE COMPELLED TO REMOVE THE WASTE MATERIAL THAT ACCUMULATED ON THE BOTTOM OF LAKE WASHINGTON AS A RESULT OF THE UNAUTHORIZED DISCHARGES. REMOVAL IS WARRANTED BY THE POTENTIAL HEALTH HAZARD POSED BY THE