NEPTUNE BEACH WAS THE SUBJECT OF AN EARLIER CIVIL JUDICIAL ENFORCEMENT ACTION SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE CWA AND THE CITY'S NEPDES PERMIT. THE PRIOR CIVIL ENFORCEMENT ACTION WAS SETTLED THROUGH NEGOTIATION AND ENTRY OF A CONSENT DECREE. THE CONSENT DECREE SETTLING THE CASE WAS LODGED IN AUGUST 1988, AND ENTERED IN NOVEMBER 1989. THE CONSENT DECREE ESTABLISHED CONSTRUCTION SCHEDULES, INTERIM AND FINAL EFFLUENT LIMIT COMPLIANCE SCHEDULES, AND STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE TERMS OF THE CONSENT DECREE. NEPTUNE BEACH FAILED TO MEET THE FINAL EFFLUENT LIMIT COMPLIANCE DATE OF MAY 15, 1989, ESTABLISHED IN THE CONSENT DECREE. THE CITY EXPERIENCED EFFLUENT PARAMETER EXCEEDENCES FROM MARCH 1989 THROUGH AUGUST 1990. THESE EFFLUENT PARAMETER EXCEEDINGS WERE VIOLATIONS OF THE CONSENT DECREE, THE PERMIT AND THE CWA. THESE FAILURES RESULTED IN THE ACCUMMULATION OF STIPULATED PENALTIES AGAINST ACCRUAL OF STIPULATED PENALTIES AND SOUGHT TO RESOLVE THE MATTER. NEPTUNE BEACH HAS RESISTED SETTLEMENT OF THE STIPULATED PENALTIES. THE REGIONS RECOM- MENDS INITIATING CONSENT DECREE ENFORCEMENT PROCEEDINGS AGAINST NEPTUNE BEACH TO ADDRESS THE STIPULATED PENALTIES ACCRUED UNDER THE CONSENT DECREE.