THIS ACTION RECOMMENDS THAT A MOTION BE FILED IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF N.Y. TO COLLECT STIPULATED PENALTIES OWED BY THE CITY OF UTICA PUR- SUANT TO AN OUTSTANDING CONSENT DECREE. THE CITY HAS FAILED TO COMPLY IN A TIMELY FASHION WITH PROVISIONS OF A CONSENT DECREE ENTERED IN SEPTEMBER 1984. THE CITY WAS TO PERFORM BY DATES CERTAIN CONSTRUCTION WORK NECESSARY TO ELIMINATE DRY WEATHER OVERFLOWS FROM ITS SEWER SYSTEM. THE DEFENDANT AGREED TO THE PAYMENT OF STIPULATED PENALTIES WHEN IT SIGNED THE CONSENT DECREE, BUT HAS FAILED TO RESPOND TO THE REGION'S DEMAND LETTER. THE PROPOSED RELIEF TO BE SOUGHT: A FINDING THAT THE CITY HAS VIOLATED THE CONSENT DECREE; PAYMENT OF THE STIPULATED PENALTIES TOTALLING $131,700. THE CASE IN CHIEF WAS FILED JUNE 2, 1977, ALLEGING UTICA HAD DISCHARGED RAW SEWAGE INTO THE MOHAWK RIVER THROUGH DRY WEATHER OVERFLOWS. A PARTIAL CONSENT DECREE WAS ENTERED ON AUGUST 16, 1977 AND SUBSEQUENTLY AMENDED ON SEPTEMBER 23, 1977. A MORE COMPREHENSIVE DECREE WITH STIPULATED PENALTY PROVISIONS, WHICH UTICA HAS NOW VIOLATED, WAS ENTERED ON SEPTEMBER 12, 1984.