REFERRAL IS BEING WRITTEN AND PROCESSED PRIOR TO SENDING TO DOJ. A. BACKGROUND AND NATURE OF THE CASE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD) HAS BEEN OPERATING ITS WASTEWATER TREATMENT PLANT (WWTP) IN VIOLATION OF ITS NPDES PERMIT LIMITATIONS SINCE JANUARY 1, 1985, AND CONSEQUENTLY IS IN VIOLATION OF THE CLEAN WATER ACT. NEORSD IS CURRENTLY UNABLE TO MEET ALL OF ITS FINAL EFFLUENT LIMITA TIONS, IN VIOLATION OF THE CWA'S STATUTORY DEADLINE OF JULY 1, 1988. B. CASE OF ACTION NEORSD'S WWTP DISCHARGE IS IN VIOLATION OF SECTION 301 OF THE CWA. SECTION 309(B) OF THE CWA, 33 U.S.C. SECTION 319 (B), PROVIDES THE AUTHORITY FOR U.S. EPA TO SEEK PERMANENT OR TEMPORARY INJUNCTIVE RELIEF FOR VIOLATIONS OF THE CWA, A PERMIT, OR A U.S. EPA ADMINISTRATIVE ORDER. C. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE CWA, NEORSD MUST COM MIT TO A FIXED JUDICIALLY ENFORCEABLE SCHEDULE TO MEET FINAL EFFLUENT LIMITATIONS AND ALL OTHER REQUIREMENTS IN ITS NPDES PERMIT AS EXPEDITIOUSLY AS POSSIBLE. CONSENT DECREE ENTERED 9-22-98; $40,000 PENALTY