REGION VI HAS REQUESTED THAT A CIVIL ACTION BE BROUGHT AGAINST THE CITY OF FT. SMITH, AR., FOR VIOLA- TIONS OF S301(A) OF THE CLEAN WATER ACT, 33 U.S.C. S1311(A). CAUSE OF ACTION: THE CITY OF FORT SMITH OWNS & OPERATES 2 SEWAGE TRMT PLANTS, THE MASSARD PLANT & THE P ST. PLANT, WHICH TOGETHER SERVE A POP. OF ABOUT 200,000. THE MASSARD WASTEWATER PLANT WAS CONST. IN THE LATE 60'S W/O THE AID OF FED. FUNDS. THE P ST. PLANT WAS CONST. IN 1978 WITH FED. CONST. GRANT FUNDS. NEITHER PLANT HAS EVER COMPLIED WITH ITS NPDES PERMIT EFFLUENT LIMITS ON A CONSISTENT BASIS. BECAUSE THE MASSARD PLANT DISCHARGES DIRECTLY TO A SM. CREEK RATHER THAN TO THE AR. RIVER, ITS PERMIT CONTAINS VERY STRINGENT WATER QUALITY BASED LIMITS. REGION VI ISSUED AN ADMIN. ORDER (A.O.) IN AUG. 1981 PROVIDING INTERIM LIMITS WHICH THE PLANT SHOULD HAVE BEEN ABLE TO MEET, BUT THE CITY HAS CONSISTENTLY VIOLATED EVEN THESE. THE A.O. ALSO REQUIRED THE CITY TO APPLY FOR STEP 1 GRANT FUNDING, WHICH THE CITY FAILED TO DO, THUS LOSING POTENTIAL FED ASST. IT IS THE OPINION OF EPA ENGINEERS THAT CONTINUAL FAILURE TO MEET PERMIT LIMITS IS DUE AT LEAST IN PART TO POOR OPERATION & MAINTENANCE PROCEDURES. THE CITY HAS ALSO BEEN RELUCTANT TO ENFORCE ITS SEWER USE ORDINANCE, THUS PE