THE TOWN OF SWAMPSCOOT HAS VIOLATED THE TERMS AND CONDITIONS OF ITS 1978 NPDES PERMIT IN THAT IT HAS INTERMITTENTLY VIO- LATED EFFLUENT LIMITATIONS BASED ON PRIMARY TREATMENT, CON- SISTENTLY VIOLATED EFFLUENT LIMITATIONS BASED ON SECONDARY TREATMENT, FAILED TO COMPLY W/THE SCHEDULE SET FORTH IN THE PERMIT FOR THE PLANNING AND CONSTRUCTION OF SECONDARY TREAT- MENT FACILITIES, AND VIOLATED MASS. SURFACE WATER QUALITY STANDARDS. IN DEC., 1984, THE REGION ISSUED AND ADMIN. OR- DER BASED ON SWAMPSCOTT'S VIOLATIONS OF THE PRIMARY TREAT- MENT EFFLUENT LIMITATIONS CONTAINED IN THE TOWN'S PERMIT. SWAMPSCOTT COMPLIED W/THE ORDER. ON JULY 20, 1987, THE REG- ION DENIED SWAMPSCOTT'S REQUEST FOR A WAIVER FROM THE SEC- ONDARY TREATMENT REQUIREMENT OF THE CWA. THE REGION DENIED THE TOWN'S APPLICATION BECAUSE THE COMMONWEALTH OF MASS HAS DETERMINED THAT A WAIVER FROM SECONDARY TREATMENT WOULD BE INCONSISTENT W/THE REGULATIONS OF THE MASS COASTAL ZONE MGMT PROGRAM. SWAMPSCOTT HAS APPEALED THE COMMONWEALTH'S DETER- MINATION. THE REGION RECENTLY REQUESTED THAT SWAMPSCOTT PROVIDE CERTAIN INFO. REGARDING THE EXISTENCE AND NATURE OF COMBINED SEWER OVERFLOWS IN THE TOWN. SWAMPSCOTT IS LIKELY TO ATTEMPT TO USE A 1981 LETTER FROM JEFFREY MILLER, EPA, TO THE SWAMPSCOTT SUPERINTENDANT FOR PUBLIC WORKS BOTH AS A DE- FENSE TO LIABILITY AND AS A MITIGATING FACTOR IN THE ASSESS- MENT OF ANY PENALTY. THE LETTER CONTAINS STATEMENTS TO THE EFFECT THAT SWAMPSCOTT WAS NOT REQUI