I. SYNOPSIS OF THE CASE. HAMILTON COUNTY, OHIO, OWNS SIX MUNICIPAL WASTEWATER TREATMENT PLANTS ( WWTPS ) AND THE SEWER SYSTEM WHICH FEEDS INTO THESE TREATMENT PLANTS. THE CITY OF CINCINNATI, OHIO, MANAGES AND OPERATES THOSE WWTPS AND THE SEWER SYSTEM. (HEREINAFTER, HAMILTON COUNTY AND THE CITY OF CINCINNATI SHALL BE REFERRED TO COLLECTIVELY AS THE DEFENDANTS. ) FOR A NUMBER OF YEARS, THE DEFENDANTS HAVE VIOLATED THE CLEAN WATER ACT IN SEVERAL SIGNIFICANT RESPECTS. THESE VIOLATIONS WILL CONTINUE UNLESS THE DEFENDANTS SPEND HUNDREDS OF MILLIONS OF DOLLARS (AND PROBABLY OVER ONE BILLION DOLLARS) TO IMPROVE THEIR WWTPS AND COLLECTION SYSTEM. SPECIFICALLY, THE DEFENDANTS' VIOLATIONS CONSIST OF THE FOLLOWING: MILL CREEK WWTP EFFLUENT VIOLATIONS: THE DEFENDANTS HAVE VIOLATED EFFLUENT LIMITS IN THE NPDES PERMIT APPLICABLE TO DISCHARGES FROM THE MILL CREEK WWTP. BYPASS VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE BY- PASS CONDITIONS IN THE NPDES PERMITS APPLICABLE TO THE MILL CREEK WWTP BY BYPASSING FLOWS AROUND THE SECONDARY TREATMENT PORTION OF THE MILL CREEK WWTP WHEN INSTANTANEOUS FLOW RATES THROUGH THE SECONDARY CLARIFIERS WERE LESS THAN 130 MILLION GALLONS PER DAY ( MGD ). MONITORING AND REPORTING VIOLATIONS: THE DEFENDANTS HAVE VIOLATED THE MONITORING AND REPORTING REQUIREMENTS IN THE NPDES PERMITS APPLICABLE TO THE MILL