NATURE OF THE CASE DEFENDANT IS A CONNECTICUT MUNICIPALITY WITH A POPULATION OF ABOUT 143,000. DEF'S EAST SIDE INCINERATOR CURRENTLY EMITS POLLUTANTS IN VIOLATION OF THE APPLICABLE CONN. STATE IMPLEMENTATION PLAN (SIP) PARTICULATE EMISSION AND OPACITY STANDARDS. PARTICULATES ARE BEING EMITTED AT 3.3 TIMES THE ALLOWABLE RATE. THE ALLOWABLE SIP OPACITY STANDARD IS 20%, AND SMOKE READINGS TAKEN ON SEVERAL OCCASSIONS HAVE SHOWN VIOLATION OF THE OPACITY STANDARD WITH READINGS FROM 34% TO 53%. THE AIR QUALITY CONTROL REGION IN WHICH BRIDGEPORT IS LOC- ATED IS NONATTAINMENT FOR THE SECONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTICULATES. THUS, SINCE BRIDGEPORT IS NOT IN A PRIMARY NONATTAINMENT AREA, THE 1982 DATE ENFORCEMENT POLICY DOES NOT APPLY. CAUSE OF ACTION THE U.S. DIST CT FOR THE DIST OF CONN RENDERED A JUDGMENT AGAINST DEFENDANT IN DEC. 1977 AFTER EPA FILED SUIT FOR THE ABOVE-MENTIONED VIOLATIONS. THE CT'S JUDGMENT REQUIRED THE INCINERATOR TO BE CLOSED BY 4/1/78. THE INCINERATOR IS STILL OPERATING AND THE VIOLATIONS ARE CONTINUING AT THE SAME LEVEL THEY WERE AT THE TIME OF THE COURT'S JUDGMENT. THE 1977 JUDGMENT CONTAINED NO STIPULATED PENALTY PROVISION. PROPOSED REMEDY THIS ACTION PETITIONS THE CT TO HOLD