FLORIDA CITITES IS A PRIVATE FRANCHISED UTILITY COMPANY WHICH GENERATES INCOME BY CONSTRUCTING AND MANAGING WASTE- WATER TREATMENT FACILITIES FOR INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS. THE SUBJECT FACILITY, THE WATERWAY ESTATES WASTEWATER TREATMENT PLANT ( FACILITY ) IS LOCATED IN NORTH FORT MYERS, FLORIDA. FLORIDA CITIES VIOLATED SECTIONS 301 AND 402 OF THE CLEAN WATER ACT WHEN IT (1) DISCHARGED WITH- OUT AN EPDES PERMIT, (2) DISCHARGED AT AN UNPERMITTED LOCATION, AND (3) DISCHARGED IN VIOLATION OF ITS NPDES PERMIT LIMITATIONS. THE STATUTORY MAXIMUM CIVIL PENALTY IN THIS THIS CASE IS $42,825,000. THE ECONOMIC BENEFITAMOUNT IS $3,861,643. BASED ON EPA'S CLEAN WATER ACT CIVIL PENALTY, THE REGIONS OPENING NEGOTIATION FIGURE IS $4,576,606 AND THE BOTTOM LINE SETTLEMENT FIGURE IS $2,750,029. FLORIDA CITIES ADVANCES A ZERO ECONOMIC BENIFIT THEORY IN THIS CASE WHICH REGION IV REJECTS ON THE GROUNDS THAT FLORIDA CITIES' ARGUMENT IS NOT SUPPORTED BY THE FACTS IN THIS CASE. REGION IV HAS CONSULTED WITH HEADQUARTERS ON THIS ISSUE.