A. BACKGROUND AND NATURE OF CASE MILFORD, OHIO (MILFORD) HAS BEEN OPERATING ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NPDES PERMIT LIMIT ATIONS SINCE SEPTEMBER 5, 1984. ON MAY 20, 1987, USEPA IS- SUED TO THE CITY AN ADMINISTRATIVE ORDER. THIS ADMINISTRA- TIVE ORDER, ISSUED PURSUANT TO SECTION 309(E3) OF THE CWA, FOUND THAT MILFORD HAD FAILED TO ACHIEVE COMPLIANCE WITH FI- NAL PERMIT LIMITATIONS. THE ORDER REQUIRED THE CITY TO DEVE LOP A MUNICIPAL COMPLIANCE PLAN (MCP). THE MCP WAS TO DE- SCRIBE ALL TREATMENT PLANT IMPROVEMENTS PLANNED BY THE CITY, THE FINANCING MECHANISM(S) AVAILABLE TO FINANCE IMPROVEMENTS AND A COMPLIANCE SCHEDULE TO ACHIEVE COMPLIANCE BY JULY 1, 1988 AS REQUIRED BY SECT 301(B18) OF THE ACT. MILFORD, BY ITS OWN ADMISSION, CANNOT COMPLY WITH THE JULY 1, 1988 DEAD- LINE. BECAUSE COMPLIANCE BEYOND JULY 1, 1988 REQUIRES JUDICIAL APPROVAL, WE ARE PROPOSING THAT THIS CASE BE FILED AS A CI- VIL ACTION. B. CAUSE OF ACTION THE CITY OF MILFORD'S WWTP DISCHARGE IS IN VIOLATION OF SECTION 301 OF THE ACT. SECTION 309B OF THE ACT, 33 USC SEC TION 1319B, PROVIDES THE AUTHORITY FOR THE USEPA TO SEEK PER MANENT OR TEMPORARY INJUNCTIVE RELIEF FOR VIOLATIONS OF THE ACT, A PERMIT, OR A USEPA ADMINISTRATIVE ORDER. C. PROPOSED REMEDY