ON SEPTEMBER 16, 1992, THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY, REGION 5, (HEREINAFTER THE U.S. EPA) FILED AN ADMINISTRATIVECOMPLAINT TO THE CITY OF MT. CLEMENS (HEREINAFTER THE RESPONDENT ) TOASSESS A CLASS II ADMINISTRATIVE PENALTY UNDER SECTION 309(G) OF THECLEAN WATER ACT (THE ACT ), 33 U.S.C. SECTION 1319(G). BASED UPON THEFINDINGS OF VIOLATION SET FORTH IN THE ADMINISTRATIVE COMPLAINT, ANDPURSUANT TO THE AUTHORITY OF SECTION 309(G) OF THE ACT, 33 U.S.C.SECTION 1319(G), U.S. EPA PROPOSED TO ISSUE A FINAL ORDER ASSESSINGADMINISTRATIVE PENALTIES AGAINST THE RESPONDENT IN THE AMOUNT OF$125,000. THE RESPONDENT VIOLATED THE FINAL EFFLUENT LIMITATIONS OF ITSNPDES PERMIT A TOTAL OF 1,017 DAYS FROM JANUARY 1988 THROUGH APRIL 1992.RESPONDENT'S OWN DISCHARGE MONITORING REPORTS (DMRS) REVEAL 2,795VIOLATIONS IN THOSE 1,017 DAYS. MANY OF RESPONDENT'S EFFLUENT LIMIT VIOLATIONS WERE GENERALLYEXCEEDED BY MORE THAN 100 PERCENT AND SEVERAL TOXIC METAL LIMITATIONSWERE EXCEEDED BY MORE THAN 1,000 PERCENT. IN SOME INSTANCES, THERESPONDENT VIOLATED THE MONTHLY AVERAGE FOR A GIVEN POLLUTANT FORSEVERAL CONTINUOUS MONTHS. IN ADDITION , DURING THOSE SAME MONTHS THEREWERE AS MANY AS SIX (6) MONTHLY LIMIT EXCEEDENCES FOR DIFFERENTPOLLUTANTS IN THAT SAME MONTH. WHILE COMPLAINANT HAS NO INFORMATION ON WHETHER THESE VIOLATIONSCAUSED IDENTIFIABLE ENVIRONMEN