1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. CITY OF FORT SMITH 3900 KELLEY HIGHWAY FORT SMITH, SEBASTIAN COUNTY, ARKANSAS 72904 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY EXCEEDING THE EFFLUENT LIMITS OF ITS PERMIT FOR FECAL, BOD5, TSS, AND TRC, AND BY CONTINUING THE PRACTICE OF BY- PASSING WASTEWATER AT THE TREATMENT PLANT AND AT VARIOUS LOCATIONS THROUGHOUT THE CITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO SUBMIT A COPY OF AN ANALYSIS OF THE COSTS AND THE FINANCIAL IMPACTS ON SERVICE POPULATION, OF IMPROVE- MENTS NECESSARY TO MEET THE 5 YEAR DESIGN EVENT TO ADPC&E AND EPA, APPEAR AT ADPC&E OFFICES TO DISCUSS THAT REPORT, AND PROVIDE TO ADPC&E AND EPA A PLAN AND SCHEDULE FOR COMPLETING THE WORK AGREED TO AT THE MAY 1, 1997 MEETING.