NATURE OF THE CASE THE CITY OF FREEPORT OWNS AND OPERATES TWO SEWAGE TREATMENT PLANTS - A SMALL PACKAGE TREATMENT PLANT KNOWN AS THE SLAUGHTER ROAD PLANT AND ITS MAIN SEWAGE TREATMENT PLANT LOCATED IN BRAZORIA COUNTY, TEXAS. BOTH PLANTS ARE SUBJECT TO THE REQUIREMENTS OF SECTIONS 301 AND 402 OF THE CLEAN WATER ACT. THIS SUIT IS FOR VIOLATIONS OCCURING AT THE MAIN SEWAGE TREATMENT PLANT AND IS REQUESTED PURSUANT TO SECTION 309(B) OF THE CLEAN WATER ACT. CAUSE OF THE ACTION THE CITY OF FREEPORT IS RESPONSIBLE FOR FREQUENT AND PERSISTENT VIOLATIONS OF ITS NPDES PERMIT. SINCE SEPTEMBER, 1979 THE CITY HAS CONSISTENTLY VIOLATED ITS FINAL EFFLUENT LIMITATIONS FOR BOD AND TSS. THE CITY HAS FREQUENTLY BY- PASSED PORTIONS OF ITS TREATMENT FACILITY AND FAILED TO SUB- MIT REPORTS OF THESE BYPASSES. IN ADDITION, THE CITY HAS FAILED TO COMPLY WITH ITS PERMIT CONDITION REQUIRING THE SUBMISSION OF NONCOMPLIANCE REPORTS. TWO ADMINISTRATIVE ORDERS HAVE BEEN ISSUED; THE LAST ORDER WAS ISSUED ON AUGUST 18, 1982 AND REQUIRED THE CITY TO CORRECT ITS OPERA- TIONAL PROBLEMS BY OCTOBER 1, 1982 AND ACHIEVE COMPLIANCE WITH ITS FINAL EFFLUENT LIMITATIONS BY JANUARY 1, 1983. SINCE THE ISSUANCE OF THE LAST ORDER, THE VIOLATIONS OF THE FINAL EFFLUENT LIMITATIONS HAVE CONTINUED, AND IN MOST IN- STANCES, ARE SIGNIFICANTLY HIGHER THA