SYNOPSIS OF THE CASE THE CITY OF ELYRIA, OHIO (ELYRIA), HAS OPERATED ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NPDES PERMIT LIMITATIONS SINCE JULY 1, 1977. THROUGH AN EXERCISE OF THEIR ENFORCEMENT DISCRETION, HOWEVER, THE OHIO ENVIRON- MENTAL PROTECTION AGENCY AND U.S. EPA ISSUED AN ENFORCEMENT COMPLIANCE SCHEDULE LETTER (ECSL) TO THE CITY. THE ECSL GAVE THE CITY ADDITIONAL TIME WITHIN WHICH TO COMPLY WITH APPLICABLE NPDES PERMIT REQUIREMENTS PROVIDED CERTAIN ACTIONS WERE TAKEN BY THE CITY. ON SEPTEMBER 1, 1983, U.S. EPA ISSUED AN ADMINISTRATIVE ORDER TO THE CITY. THIS ADMINISTRATIVE ORDER, ISSUED PUR- SUANT TO SECTION 309 OF THE CLEAN WATER ACT, ON ITS FACE RE- VOKED THE ECSL. THE ORDER FOUND, AMONG OTHER THINGS, THAT ELYRIA HAD FAILED TO ACHIEVE COMPLIANCE WITH FINAL PERMIT LIMITATIONS, THAT ADDITIONAL CONSTRUCTION AND IMPROVEMENTS WOULD BE REQUIRED TO BRING ELYRIA'S WASTEWATER TREATMENT PLANT INTO COMPLIANCE, AND, MOST IMPORTANTLY, THAT FEDERAL CONSTRUCTION GRANT MONIES WOULD NOT BE AVAILABLE TO THE CITY OF ELYRIA TO DEVELOP A MUNICIPAL COMPLIANCE PLAN (MCP) BY DECEMBER 1, 1984, TO EXAMINE FINANCING MECHANISMS AVAILABLE TO ACHIEVE THIS COMPLIANCE, AND TO EVALUATE VARIOUS TREAT- MENT TECHNOLOGIES AVAILABLE TO EFFECT COMPLIANCE. UNFORTUNATELY, THE CITY'S RESPONSE WAS INTRANSIGENT: FEDERAL CONSTRUCTION GRANT MONIES ARE