THE NEW BEDFORD PLANT IS A 30 MILLION GAL PER DAY PRIMARY WASTEWATER TREATMENT FACILITY WHICH IS DESIGNED TO TREAT WASTEWATER & SEPTAGE FROM THE CITY OF NEW BEDFORD & PORTIONS OF THE TOWNS OF ACUSHNET & DARTMOUTH, MA. IT SERVES A POP- ULATION OF APPROX 101,000 PEOPLE. THE NEW BEDFORD PLANT DISCHARGES ITS EFFLUENT THROUGH A LONG OUTFALL INTO BUZZARD' S BAY, AN IMPORTANT ESTUARY WHICH SUPPORTS COMMERCIAL FISH- ING AND NUMEROUS RECREATIONAL ACTIVITIES. THE CITY'S COM- BINED SEWER OVERFLOWS (CSO'S) DISCHARGE INTO THE ACUSHNET RIVER (NEW BEDFORD INNER HARBOR), BUZZARD'S BAY (NEW BEDFORD OUTER HARBOR) AND CLARK'S COVE. THE CITY'S DISCHARGES RANK AS THE 4TH LARGEST MUNICIPAL DISCHARGES BY VOLUME INTO MASS COASTAL WATERS. SINCE COMMENCING OPERATIONS IN 1974, THE NEW BEDFORD PLANT HAS FREQUENTLY FAILED TO MEET THE PRIMARY EFFLUENT LIMITATIONS SPECIFIED IN ITS ORIGNIAL NPDES PERMIT. THE CITY SUBMITTED AN APPLICATION FOR A WAIVER OF SECONDARY TREATMENT REQUIREMENTS UNDER SECT 301(H) OF THE CWA IN SEPT 1979. THE ADMINISTRATOR DENIED THE APPLICATION IN OCT 1982. THE CITY SUBMITTED A REVISED 301(H) WAIVER APPLICATION IN DEC 1983. THE REGIONAL ADMINISTRATOR TENTATIVELY DENIED THE REVISED APPLICATION ON 7/14/86. AS VIOLATIONS OF PRIMARY STANDARDS CONTINUED, THE CITY FAILED TO SUBMIT FACILITIES PLANS FOR SECONDARY TREATMENT AS REQUIRED BY THE ORIGINAL NPDES PERMIT. AS A RESULT OF THE CONTINUING VIOLAT