by connecting its present wastewater treatment system to the
HRSD. In addition, Smithfield pledged to report the results of these
studies to the Board by November 13, 1990, by which time Smithfield
would decide whether it intended to connect to HRSD or to upgrade
its own facilities to comply with the new phosphorus limitations. In
return, the Board resolved to defer the commencement of the 1990
Permit compliance schedule until December 1, 1990.

On November 6, 1990, the Board amended the 1990 Order by
extending by three months the date by which Smithfield was to report
its decision whether to connect to HRSD. The Board also agreed to
further defer commencement of the compliance schedule for the new
phosphorus limitations.

                   5
Onto compliance
with water quality standards, the Permit regulation and associated
studies that have been approved by the Board take precedence over
the . . . Permit." The EPA received a copy of this letter.

Despite Smithfield's comments and concerns, on January 3, 1992,
the Board finalized and issued Smithfield's new permit ("1992 Per-
mit"). Part I.C. of the 1992 Permit retained the phosphorus discharge
limitations listed in the 1990 Permit, and Part I.B. contained the same
deadline for achieving phosphorus compliance, January 4, 1993.
Smithfield never challenged the 1992 Permit conditions nor sought a
modification.

In response to a February 1992 letter from Smithfield to the Board
indicating that Smithfield intended to comply with effluent limitations
for substances other than phosphorus as listed in the 1992 Permit by
connecting to the HRSD system, the Board responded as follows:

   