THE CITY OF PORT ANGELES, WA OWNS AND OPERATES A SEWAGE TREATMENT PLANT WHICH DISCHARGES TO PORT ANGELES HARBOR, STRAITS OF JUAN DE FUCA, WATERS OF THE UNITED STATES. THE CONTROVERSY IN THIS CASE IS CENTERED ON THE FAILURE OF THE CITY TO UPGRADE ITS EXISTING PRIMARY PLANT TO OBTAIN SECONDARY TREATMENT LEVELS AS REQUIRED BY ITS NPDES PERMIT. THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY WAS DELEGATED PRIMARY PERMITTING AND ENFORCEMENT AUTHORITY PURSUANT TO 402 OF CWA, 33 USC, 1251 IN 11/73. THE CITY'S NPDES PERMIT #WA-002397-3 REQUIRES COMPLIANCE WITH SPECIFIED (SECONDARY TREATMENT) EFFLUENT LIMITATIONS AFTER 6/20/77. THE PROPOSED CIVIL ACTION ALLEGES EXCEEDANCES BY THE CITY OF THE EFFLUENT LIMITATIONS OF ITS NPDES PERMIT AND FAILURE TO OBTAIN SECONDARY TREATMENT LEVELS BY THE 7/1/77 DEADLINE IN VIOLATION OF CWA, 301. ENFORCEMENT ACTION IS PROPOSED PURSUANT TO THE AUTHORITY OF CWA, 309 AND 402. THE PROPOSED CIVIL ACTION SEEKS A COURT-IMPOSED SCHEDULE FOR COMPLETION OF SECONDARY TREATMENT FACILITIES AND THE PAYMENT OF CIVIL PENALTIES FOR PAST CWA VIOLATIONS. THE COMPLIANCE SCHEDULE SHOULD REQUIRE COMPLETION OF TREATMENT FACILITIES AS EXPEDITIOUSLY AS POSSIBLE. STIPULATED PENALTIES WILL BE SOUGHT FOR VIOLATIONS OF THE SCHEDULE AND OTHER PROVVISIONS OF ANY OBTAINED COURT ORDER.