THIS IS A CLEAN WATER ACT ADMINISTRATIVE (PENALTY) COMPLAINT FOR VIOLATIONS OF 33 U.S.C. 1311 AND 1342. THE EPA FIRST ISSUED A PRE-FILING (WARNING) NOTICE LETTER. THE RESPOND- ENT'S REPLY WAS INFORMATION THAT MAY BE USED IN MITIGATION OF THE PENALTY AMOUNT, BUT DID NOT INDICATE A REASON NOT TO GO FORWARD WITH ENFORCEMENT. EFFECTIVE 6/30/94, THE CITY OF ROCHESTER WASTEWATER TREAT- MENT PLANT (WWTP) CEASED IT DIRECT WASTEWATER DISCHARGE TO THE CLINTON RIVER. THE WWTP CONNECTED TO THE CLINTON/OAK- LAND INTERCEPTOR AND IS DISCHARGING TO THE CITY OF DETROIT'S TREATMENT SYSTEM. BASED ON INFORMATION AND WITNESS STATEMENTS SUPPLIED BY MDEQ (AND ITS PREDECESSOR AGENCY--MDNR), EPA DETERMINED THAT ROCHESTER HAD FAILED TO ADEQUATELY INSTITUTE, OPERATE UNDER AND MAINTAIN A CWA/NPDES MANDATED PRETREATMENT PROGRAM, BETWEEN 1992 AND 1994. FURTHER, ROCHESTER HAD AN INSTANCE OF A MONTH LONG SERIES OF EXCEEDANCES OF SOME HAZARDOUS WASTES AT ITS PRETREATMENT PLANT IN JULY 1993, IN VIOLATION OF ITS NPDES PERMIT. IN SEPTMEBER 1997, EPA FILED AN AD- MINISTRATIVE COMPLAINT & PROPOSED PENALTY ORDER ($100,000). ROCHESTER RESPONDED, FILED AN ANSWER, AND THEN THE PARTIES ATTEMPTED TO NEGOTIATE A SETTLEMENT. EPA LATER HAD TO FILE A PREHEARING EXCHANGE, AND (AFTER INTERVIEWING THE CHIEF MDEQ WITNESSES) AMENDED THE COMPLAINT AND PROPOSED PENALTY FIGURE ($48,000). EPA AND ROCHESTER