I. INFORMATION IDENTIFYING DEFENDANT THE CITY OF LA PORTE, INDIANA ( CITY OR LA PORTE ), AN INDIANA MUNICIPAL CORPORATION LOCATED IN LA PORTE, INDIANA, OWNS AND OPERATES THE LA PORTE WASTEWATER TREATMENT PLANT ( PLANT ) LOCATED, ON BOYD BOULEVARD, LA PORTE, INDIANA. THE PLANT SERVES A CONNECTED POPULATION OF ABOUT 22,000 RESI DENTS, AS WELL AS COMMERCIAL AND INDUSTRIAL USERS. THE CITY IS REPRESENTED BY MR. DONALD BAUGHER WHO IS LOCA- TED AT 504 FIRST NATL BANK BUILDING, LA PORTE, INDIANA 46350 MAYOR DENNIS SMITH IS THE CHIEF EXECUTIVE OF THE CITY. HIS ADDRESS IS CITY HALL, LA PORTE, INDIANA 46350. II. SYNOPSIS OF THE CASE THE CITY OWNS AND OPERATES A WASTEWATER TREATMENT FACILITY THAT TREATS WASTEWATER FROM RESIDENTIAL, COMMERCIAL, AND IN- DUSTIAL SOURCES LOCATED IN LA PORTE, INDIANA. THE CITY IS IN VIOLATION OF ITS NATL POLLUTANT DISCHARGE ELIMINATION SY- STEM (NPDES) PERMIT REQUIREMENTS. THAT PERMIT, NO. IN002557 7, ATTACHMENT A, ESTABLISHED BOTH INTERIM AND FINAL EFFLUENT LIMITATIONS, ALONG WITH A SCHEDULE OF COMPLIANCE TO CONSTRUC T NEW FACILITIES. EFFLUENT LIMITATIONS APPLY TO THE POLLU- TANTS TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAN D (BOD), AMMONIA-NITROGEN, FECAL COLIFORM, AND SUCH HEAVY ME TALS AS LEAD, MERCURY, COPPER, CADMIUM, CHROMIUM, NICKEL, AND ZINC. THE CITY IS CURRENTLY VIOLATING TH