NATURE OF THE CASE: THE BRAZOS RIVER AUTHORITY (BRA) OWNS AND OPERATES FOUR WASTEWATER TREATMENT FACILITIES IN THE STATE OF TEXAS: WACO #1, WACO #2, TEMPLE-BELTON AND SUGAR- LAND. ALTHOUGH EACH FACILITY OPERATES UNDER A VALID NPDES PERMIT, ONLY THREE PRETREATMENT PROGRAMS ARE REQUIRED FOR THE FACILITIES SINCE WACO #1 AND WACO #2 ARE CONSIDERED ONE PROGRAM. BRA WAS REQUIRED TO SUBMIT THREE APPROVABLE PRETREATMENT PROGRAMS IN ACCORDANCE WITH CONDITIONS CON- TAINED IN EACH RESPECTIVE NPDES PERMIT AT VARIOUS TIMES BETWEEN 1976 AND 1984. BRA HAS FAILED TO COMPLY WITH PRE- VIOUS ENFORCEMENT ACTIONS AND CORRESPONDENCE IMPLORING IT TO SUBMIT THE RESPECTIVE PRETREATMENT PROGRAMS. TO DATE BRA HAS FAILED TO JUSTIFY THE SEVERAL YEARS OF DELAY FOR A PROGRAM WHICH SHOULD HAVE TAKEN NO MORE THAN SIX MONTHS TO DEVELOP. CAUSE OF ACTION: AT LEAST SEVEN MUNICIPALITIES AND OVER 100 INDUSTRIES COLLECTIVELY CONTRIBUTE WASTE TO BRA'S PLANTS. THE EXACT NUMBER OF INDUSTRIES IS UNKNOWN SINCE BRA'S IN- DUSTRIAL USER SURVEYS ARE EITHER INCOMPLETE OR IN NEED OF UPDATING. BRA HAS ALSO EXPERIENCED PERMIT EFFLUENT VIO- LATIONS AT EACH FACILITY WHICH MAY, AT LEAST IN PART, BE ATTRIBUTABLE TO THE QUALITY OF INDUSTRIAL INFLUENT. ADDI- TIONALLY, TWO MAJOR FISH KILLS HAVE BEEN ATTRIBUTED TO THE DISCHARGE FROM THE WACO FACILITIES TO THE BRAZOS RIVER ACCORDING TO STATE AUTHORITIES. A