THIS ACTION IS BASED ON THE CWA SECTION 307 AND 40 CFR PART 403. THE DEFENDANT HAS VIOLATED THE REQUIREMENT OF THE REGULATIONS THAT IT HAVE A PRETREATMENT PROGRAM APPROVED BY JULY 1, 1983. FURTHER, IT HAS VIOLATED THE REQUIREMENT OF ITS SPDES PERMIT THAT IT SUBMIT AN APPROVABLE PROGRAM BY APRIL 1, 1984 & AN EPA-ISSUED ADMINISTRATIVE ORDER THAT RE- QUIRED SUBMITTAL OF AN APPROVABLE PROGRAM BY OCT. 1, 1984. THE RELIEF SOUGHT INCLUDES A CIVIL PENALTY OF $73,000, AN INJUNCTION REQUIRING SUBMITTAL OF AN APPROVABLE PRETREATMENT PROGRAM, & AN INJUNCTION REQUIRING IMPLEMENTATION OF SAID PROGRAM. TWO ADMINISTRATIVE ORDERS WERE ISSUED, ONE IN 1983 AND ONE IN 1984, BECAUSE OF FAILURE OF CITY TO SUBMIT A PRETREATMENT PROGRAM. NO NEGOTIATIONS HAVE TAKEN PLACE TO DATE. THIS CASE IS SIGNIFICANT TO THE EXTENT THAT IT IS ONE OF A NUMBER OF CASES TO BE BROUGHT NATIONWIDE AGAINST MUNICI- PALITIES THAT FAILED TO SUBMIT APPROVABLE PRETREATMENT PRO- GRAMS IN A TIMELY MANNER.