SYNOPSIS OF THE CASE THIS CASE IS REFERRED FOR THE PURPOSE OF SEEKING JUDI- CIAL RELIEF TO REMEDY VIOLATIONS OF PERMITS ISSUED UNDER THE CLEAN WATER ACT AND VIOLATIONS OF THE ACT THROUGH THE DIS- CHARGE OF POLLUTANTS WITHOUT A PERMIT. THE PERMIT VIOLA- TIONS INCLUDE THE DISCHARGE OF VISIBLE FOAM TO THE CAYADUTTA CREEK AND THE DISCHARGE TO THAT CREEK IN EXCESS OF PER- MITTED LEVELS OF TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAND (BOD), SETTLEABLE SOLIDS AND FLOW. THE UN- PERMITTED DISCHARGE TO THAT CREEK CONTAINS TSS, BOD, CHROM- IUM AND OTHER POLLUTANTS. DEFENDANT GLOVERSVILLE-JOHNSTOWN JOINT SEWER BOARD (JOINT SEWER BOARD) WAS ISSUED A NATIONAL POLLUTANT DIS- CHARGE ELIMINATION SYSTEM (NPDES) PERMIT UNDER SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972, 33 U.S.C. 1342 (REENACTED AS THE CLEAN WATER ACT OF 1977, HERE-INAFTER THE ACT ) ON APRIL 25, 1975. THE TERM OF THE PERMIT WAS FOR THE PERIOD FROM MAY 31, 1975 TO JUNE 30, 1977. THIS NPDES PERMIT, NUMBER NY 0026042, REQUIRED THE JOINT SEWER BOARD TO MEET CERTAIN EFFLUENT LIMITATIONS SPECIFIED IN THE PERMIT FOR THE CONTROL OF POLLUTANTS DIS- CHARGED FROM ITS SEWAGE TREATMENT FACILITY TO A LOCAL WATER- WAY KNOWN AS THE CAYADUTTA CREEK. THE PERMIT ALLOWED ONLY ONE DISCHARGE TO THE CREEK. DESPITE THE PERMIT'S EXPIRA- TION ON JUNE 30, 1977, THE PERMIT WAS