THE REGION PROPOSES THE FILING OF A CIVIL ACTION FOR INJUNC- TIVE RELIEF AND PENALTIES UNDER SECT 309(B) AND (D) OF THE CWA (THE ACT ) 33 U.S.C. 1319 (B) AND (D), AGAINST MICROFAB INC. FOR VIOLATION OF THE TERMS OF THE CO.'S NPDES PERMITS, AND THE TERMS OF 2 ADMIN. ORDERS, SPECIFICALLY THE INTERIM EFFLUENT LIMITS AND THE SCHEDULES FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITY CONTAINED THEREIN. THE REG HAS ASCERTAINED THAT A CIVIL ACTION IS APPROPRIATE IN THIS CASE, IN LIGHT OF THE EVIDENCE OF THE RECALCITRANCE ON THE PART OF MICROFAB, TO ENSURE THAT THE CO. COMES INTO COMPLIANCE W/THE CWA ASAP AND REMAINS IN COMPLIANCE. IN ADDITION, EPA IS SEEKING THE IMPOSITION OF A PENALTY FOR PAST AND CONTINUING PERMIT VIOLATIONS. THE MA DEQE HAS NOT BEEN DELEGATED THE AUTHORITY TO AD- MINISTER THE NPDES PERMIT PROGRAM. EPA HAS, HOWEVER, CON- SULTED W/THE STATE REGARDING THE BRINGING OF THIS ACTION. DEQE HAS AGREED THE EPA IS THE LEAD ENFORCEMENT AUTHORITY TO BRING SUIT AGAINST MICROFAB.