THE TOWN OF NEWBURGH, INDIANA HAS BEEN ISSUED TWO ADMINISTRA TIVE ORDERS TO COMPLY WITH ITS NPDES PERMIT FOR ITS WASTE TREATMENT PLAN. THE FIRST ORDER WAS ISSUED IN 1993; THE SECOND IN 1997. PERMIT VIOLATIONS INCLUDE EXCURSIONS OF EFFLUENT LIMITATIONS AT TWO OUTFALLS WHICH DISCHATGE TO THE OHIO RIVER AND A TRIBUTARY OF THE OHIO RIVER (CYPRESS CREEK) OTHER PERMIT VIOLATIONS INCLUDE PROBIBITED SANITARY SEWER OVERFLOWS AND DEFICIENCIES IN MEETING MONITORING REQUIRE- MENTS. THE REFERRAL REQUESTS THAT CIVIL PENALTIES AND INJUNCTIVE RELIEF BE SOUGHT AGAINST THE TOWN OF NEWBURGH FOR CLEAN WATER ACT VIOLATIONS. CWA (MUNICIPAL) ON 10/12/01 U.S. EPA ISSUED A REVISED DRAFT CONSENT DECREE TO THE TOWN. THE TOWN PLANS TO MEET WITH DOJ AND U.S. EPA IN MARCH 2002 IN AN ATTEMPT TO FINALIZE SETTLEMENT NEGOTIA- TIONS. MUCH OF THE INJUNCTIVE RELIEF THAT THE U.S. ORIGINAL LY SOUGHT HAS BEEN COMPLETED BY THE TOWN AS PART OF ITS PLANT EXPANSION PROJECT.