THE CITY OF ALBUQUERQUE (HEREINAFTER THE RESPONDENT ), A PERSON WITHIN THE MEANING OF SECTION 502(5) OF THE ACT, 33 U.S.C. SEC. 1362(5), OWNS OR OPERATES A FACILITY LOCATED AT 401 SECOND STREET, SW, ALBUQUERQUE, NEW MEXICO, WHICH DIS- CHARGES POLLUTANTS TO THE RIO GRANDE, A NAVIGABLE WATER OF T HE U.S. WITHIN THE MEANING OF SECTION 502 OF THE ACT. RESPONDENT IS, THEREFORE, SUBJECT TO THE PROVISIONS OF THE ACT. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE ACT BY VIOLATING CONDITION III.A. OF THE NPDES PERMIT NO. NM0022250 , WHICH CONDITION IMPLEMENTS SECTION 307 OF THE ACT AND WHICH PERMIT HAS BEEN ISSUED TO THE RESPONDENT PURSUANT TO SECTION 402 OF THE ACT BY FAILING TO OPERATE THE APPROVED PRETREATMENT PROGRAM IN ACCORDANCE WITH 402(B)(8) OF THE CLEAN WATER ACT AND THE GENERAL PRETREATMENT REGULATIONS (40 C.F.R. 403). A PENALTY OF $125,000 HAS BEEN PROPOSED. PERMIT NO. NM0022250.