THE ACTION IS TO BE BROUGHT PURSUANT TO 309 OF THE CLEAN WATER ACT, 33 U.S.C. 1319, FOR SIGNIFICANT NPDES PERMIT VIOLATIONS AND DISCHARGES WITHOUT A PERMIT. METRO IS A SPECIAL SERVICE DISTRICT CREATED UNDER STATE LAW BY THE CITIES OF DENVER, AURORA, AND SOME 18 OTHER MUNICIPALITIES IN THE DENVER METROPOLITAN AREA TO PROVIDE REGIONAL SEWER SERVICE. IN ADDITION, METRO PROVIDES SERVICE TO MORE THAN 20 OTHER SUBURBAN SPECIAL SERVICE DISTRICTS. METRO IS THE LARGEST POTW IN REGION VIII WITH A CAPACITY OF 185 MGD AND A SERVICE SIZE OF 1.4 MILLION USERS. THIS ENFORCEMENT ACTION IS BEING INITIATED IN RESPONSE TO OVER FIVE YEARS OF PERSISTENT AND SIGNIFICANT NON-COMPLIANCE WITH CERTAIN PERMIT PARAMETERS, VIZ., TOTAL RESIDUAL CHLORINE, FECAL COLIFORMS AND OIL & GREASE. EPA WILL BE SEEKING AT LEAST $2.22 MILLION IN CIVIL PENALTIES AND SUBSTANTIAL INJUNCTIVE RELIEF TO ENSURE METRO WILL MEET CURRENT AND FUTURE WATER QUALITY STANDARDS.