THIS CASE ARISES UNDER THE CLEAN WATER ACT AND CONCERNS AN UNPERMITTED DISCHARGE OF SEWAGE EFFLUENT. THE PRIMARY DE- FENDANTS ARE THE STATE OF ARIZONA, ARIZONA DEPARTMENT OF CORRECTIONS (ADOC) AND THE TOWN OF FLORENCE, ARIZONA. ADOC AND THE TOWN OF FLORENCE ARE JOINT OWNERS OF A (WWTP) RECEIVING SEWAGE FLOWS FROM THE STATE PRISON AT FLOR- ENCE AND FROM THE TOWN OF FLORENCE. THE WWTP RECEIVES APPROXIMATELY 1 MILLION GALLONS PER DAY OF DOMESTIC SEWAGE. ALSO NAMED AS DEFENDANTS ARE THE DIRECTOR OF ADOC, SAMUEL LEWIS; AND THE MAYOR OR THE TOWN OF FLORENCE, JAMES ENGLAND. THE PRIMARY DEFENDANTS HELD A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM 1974-1977 ALLOWING THEM TO DISCHARGE INTO THE GILA RIVER. THE PERMIT WAS ISSUED BY EPA SINCE ARIZONA WAS NOT AUTHORIZED TO ADMINISTER THE NPDES PROGRAM. DEFENDANTS DID NOT APPLY FOR PERMIT RENEWAL BECAUSE THEY BEGAN USING THE EFFLUENT FOR IRRIGATION PURPOSES AND CEASED THEIR DISCHARGE IN 1976. IN OCTOBER, 1983, A FLOOD SEVERELY DAMAGED THE WWTP AND CAUSED THE RELEASE OF RAW EFFLUENT INTO THE GILA RIVER. DEFENDANTS CEASED USING THE EFFLUENT FOR IRRIGATION AND INSTEAD CONTIN- UED TO DISCHARGE RAW OR PARTIALLY TREATED EFFLUENT INTO THE GILA RIVER. THIS DISCHARGE HAS CONTINUED TO THE PRESENT TIME. DEFENDANTS DID NOT NOTIFY EPA OF THE DISCHARGE OR APPLY FOR AN NPDES PERMIT. IN JULY, 1985, THE ARIZONA DEPARTMEN