REFERRAL OF CITY OF INDIANAPOLIS INCINERATORS STATUTE VIOLATED: 42 U.S.C. SECTION 7401 ET. SEQ. (CLEAN AIR ACT) DEFENDANT: CITY OF INDIANAPOLIS, 2501 CITY-COUNTY BUILDING, INDIANAPOLIS, INDIANA 46204 VIOLATION UPON WHICH ACTION IS BASED: A) INDIANA STATE IMPLEMENTATION PLAN ( SIP ) RULE APC-3 - EXCEEDENCES OF THE OPACITY STANDARD. B) INDIANA SIP RULE 325 IAC 6-1-12 APPENDIX A - EXCEED- ENCES OF MASSEMISSION STANDARD. C) CLEAN AIR ACT, SECTION 114(A), 42 U.S.C. SECTION 7414(A) - FAILURE TO CONDUCT MASS EMISSION TESTS. PROPOSED RELIEF: A) INJUNCTION REQUIRING DEFENDANT TO COMPLY WITH THE AP- PLICABLE REQUIREMENTS OF THE CLEAN AIR ACT. B) CIVIL PENALTY OF $75,000. RECENT CONTACTS: - MEETINGS TOOK PLACE BETWEEN THE PARTIES IN OCTOBER AND NOVEMBER - WRITTEN SETTLEMENT OFFER FROM DEFENDANT TO U.S. EPA ON NOVEMBER 5, 1985 - WRITTEN COUNTER OFFER FROM U.S. EPA TO DEFENDANT ON DECEMBER 3, 1985 SIGNIFICANT ISSUES: NONE DATE OF INSPECTION WHICH LED TO DECI