A. BACKGROUND AND NATURE OF THE CASE THE U.S. FILED SUIT AGAINST THE TOWN OF CLARKSVILLE, IN., ON JULY 19, 1984, FOR VIOLATION OF THE CLEAN WATER ACT AND FOR VIOLATION OF THE TOWN'S NATIONAL POLLUTANT DISCHARGE ELIMINA TION SYSTEM ( NPDES ) PERMITS. THE PARTIES RESOLVED THE SUIT BY MEANS OF A CONSENT DECREE. THE CONSENT DECREE MANDA TED CERTAIN EFFLUENT LEVELS, MAXIMUM LOADING VOLUMES, AND SAMPLING FREQUENCIES. SINCE THE COURT ENTERED THE CONSENT DECREE THE TOWN OF CLARKSVILLE HAS EXCEEDED THE EFFLUENT LE- VELS AND LOADING VOLUMES SPECIFIED BY THE CONSENT DECREE AND HAS DONE INSUFFICIENT SAMPLING. B. CAUSE OF ACTION THE DEFENDAT IS IN VIOLATION OF SECTIONS V AND VII OF THE CONSENT DECREE. THESE SECTIONS SET A COMPLIANCE PROGRAM AND EFFLUENT LIMITS. THE PROPOSED CONTEMPT ACTION WOULD BE FI- LED PURSUANT TO THE COURT'S CONTINUING JURISDICTION OVER THE CONSENT DECREE. C. PROPOSED REMEDY THE MEMORANDUM IN SUPPORT OF THE MOTION TO SHOW CAUSE RE- QUESTS SPECIFIC REMEDIAL RELIEF TO REQUIRE THE DEFENDANT TO TAKE IMMEDIATE STEPS TO COMPLY WITH THE TERMS OF THE CONSENT DECREE. THE AGENCY ALSO SEEKS STIPULATED PENALTIES & COSTS ASSOCIATED WITH THE LITIGATION. D. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE THERE ARE NO ISSUES OF NATL OR PRECEDEN