LYNN HAVEN HAS ACCUMLATED 4152 VIOLATIONS OF ITS NPDES PERMIT SINCE NOVEMBER, 1986. LYNN HAVEN HAS HISTORICALLY AVOIDED SPENDING MONEY ON THE EXISTING WASTEWATER TREATMENT PLANT IN ANTICIPATION OF THE CONSTRUCTION OF A NEW PLANT. HOWEVER, THE NEW PLANT HAS NOT YET BEEN BUILT. EPA REGION IV IS PROPOSING TO SEEK A SUBSTANTIAL CIVIL PEN- ALTY AS WELL AS A CONSENT DECREE REQUIRING LYNN HAVEN TO MAINTAIN COMPLIANCE WITH ITS NPDES PERMIT. BASED UPON A FIN- ANCIAL ANALYSIS OF LYNN HAVEN'S ABILITY TO PAY A PENALTY, LYNN HAVEN MAY CLAIM THAT IT IS UNABLE TO PAY THE FULL PENALTY BASED UPON ECONOMIC BENEFIT AND GRAVITY OF THE VIO- LATIONS.