THIS CASE ARISES UNDER THE CLEAN WATER ACT ( CWA OR THE ACT ) AND CONCERNS UNAUTHORIZED SPILLS OF SEWAGE INTO WATERS OF THE UNITED STATES IN VIOLATION OF SECTION 301(A) OF THE ACT. THE COUNTY OF MAUI ( MAUI COUNTY OR THE COUNTY ), THE PROSPECTIVE DEFENDANT, HAS HAD NUMEROUS SPILLS OF RAW AND SANITARY SEWAGE TO THE PACIFIC OCEAN AND OTHER WATERS WITHOUT AUTHORIZATION BY A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. EPA IS SEEKING INJUNCTIVE RELIEF REQUIRING THE COUNTY TO TAKE THE VARIOUS MEASURES NEEDED TO REDUCE OR ELIMINATE UNAUTHORIZED SEWAGE SPILLS. IN ADDITION, EPA IS SEEKING A SUBSTANTIAL CIVIL PENALTY.