1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. 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 PART I.A. OF ITS PER- MIT FOR BOD5 AND TSS, AND BY VIOLATING PART II.B.4. OF ITS PERMIT BY CONTINUING THE PRACTICE OF BYPASSING WASTE- WATER 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 TO EPA AND ADPC&E AN ANALYSIS OF THE COSTS AND THE FINANCIAL IMPACTS ON SERVICE POPULATION, OF IMPROVEMENTS NECESSARY TO MEET THE 5 YEAR DESIGN PLAN, APPEAR AT THE ADPC&E OFFICES TO DISCUSS THE ANALYSIS RE- PORT , WITH THE ANTICIPATED OUTCOME OF THE DISCUSSIONS BEING AGREEMENT ON THE SCOPE OF IMPROVEMENTS, ACCEPTABLE TO ADPC&E, NECESSARY TO BRING THE FACILITY INTO COMPLI- ANCE WITH ITS PERMIT AND THE CWA, AND NO LATER THAN AUG. 1, 1997PROVIDE ADPC&E AND EPA A PLAN AND SCHEDULE FOR COMPLETING THE WORK AGREED TO AT THE MAY 1, 1997 MEETING.