an unsigned letter from DER setting an Administrative Conference out of which no order issued assessing a civil penalty, and in which no hearing was held subject to the terms of § 1319(g)(3), and for which no public notice was provided to interested persons, fails to evidence that the Commonwealth of Pennsylvania, through DER, "has commenced and is diligently prosecuting an action" under a comparable state law. We agree with plaintiff's argument and, thus, we will deny defendant's request that we abstain in the instant action.
As an alternative, the defendant requests that the action be stayed pending an evaluation of the defendant's recently installed break point chlorination and dechlorination system. We do not believe that a stay should be granted in the instant action. The court in Gwaltney, supra, addressed the procedure to be followed in the event of a change in circumstances. However, in view of the filings to date, we believe that it would be premature to make any decisions which could substantially affect the outcome at this time. Rather, we believe that discovery should be allowed to proceed to a logical conclusion at which time properly substantiated dispositive motions may be submitted to the court. Accordingly, the defendant's motion to dismiss the complaint, or, in the alternative, for summary judgment will be denied. Likewise, we find that the plaintiff's motion for partial summary judgment on the issue of liability is inappropriate at this time. Because there are still outstanding issues of material fact which may be addressed through discovery, we will also deny the plaintiff's motion until a more appropriate time.
On August 18, 1989, plaintiff filed a motion to amend the pleadings. Specifically, plaintiff wishes to add subparagraphs 18(a) and 18(b) to the complaint. Subparagraphs 18(a) and 18(b) deal with a discharge into wetlands adjacent to Dresser Creek allegedly in violation of its permit. Briefs in support of and opposition to the motion were filed.
Defendant opposes the requested amendment to the complaint on two grounds:  that the amendment is contrary to the notice requirement under the Clean Water Act and  that the proposed amendment lacks authority and merit in that the downstream discharge in question is covered by the NPDES permit. After reviewing the briefs and arguments of counsel, we will grant the plaintiff's motion to amend the complaint. We believe that defendant's arguments as to the permit could more appropriately be addressed following the completion of discovery.
Finally, as we pointed out at the beginning, plaintiff has filed a plethora of procedural motions arising out of the previously disposed of motions. All such outstanding motions, not explicitly addressed by the court, will be denied. An appropriate Order will be entered.
NOW, THEREFORE, this 19th day of September, 1989, IT IS HEREBY ORDERED THAT:
 the defendant's motion to dismiss the complaint, or in the alternative, for summary judgment is denied;
 the plaintiff's motion for partial summary judgment is denied;
 the plaintiff's motion to amend the pleadings is granted;
 all outstanding procedural motions, not previously addressed by the court, are denied; and
 the defendant is allowed twenty  days from the date of this Order in which to respond to plaintiff's amended complaint.