CITY OF JOHNSTOWN OWNS & OPERATES, THRU ITS BUREAU OF SEW- AGE, A 12 MGD PRIMARY SEWAGE TREATMENT PLANT SERVING APPROX- IMATELY 92,000 PEOPLE. ONLY ABOUT 2.5% OF THE PLANT'S DRY WEATHER FLOW IS INDUSTRIAL. THE COMMONWEALTH OF PA MUST BE JOINED AS A PARTY TO ANY CIVIL ACTION AGAINST JOHNSTON. THE POTW DISCHARGES INTO THE CONEMAUGH RIVER IN CAMBRIA CO, PA. DEF'S POTW, BEING A PRIMARY, HAS NOT MET & CAN NOT MEET THE STATUTORILY MANDATED 2NDARY SEWAGE TREATMENT LIMITATIONS CONTAINED IN ITS NPDES PERMIT(S), & WILL NOT BE ABLE TO DO SO BY 7/1/88 UNLESS THE COMMITMENT IS SOON MADE TO CONSTRUCT W/O CONSTRUCTION GRANT FUNDS. IN ADDITION, DEF HAS NOT SUBMI TTED AN APPROVABLE POTW PRETREATMENT PROGRAM AS REQUIRED BY THE PRETREATMENT REGULATION, EPA ADINISTRATIVE ORDER & ITS CURRENT NPDES PERMIT, DUE TO A LACK OF INTERJURISDICTIONAL AGREEMENTS. FINALLY, DEF NEEDS TO IMPROVE ITS SEWER MAINTEN- ANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATHER BY- PASSING. EPA'S AUTHORITY IS PROVIDED BY SEC 301, 309 & 402 OF THE CWA, 33 USC SECS 1311, 1319 & 1342. REG 3 SEEKS A CD OR COURT ORDER REQUIRING DEF TO CONSTRUCT A 2NDARY SEWAGE TREATMENT PLANT, TO EXECUTE AGREEMENTS W/ITS OUTLYING USER JURISDICTIONS REGARDING ENFORCEMENT OF PRE- TREATMENT REQUIREMENTS, TO IMPROVE ITS SEWER INSPECTION, MAINTENANCE & REHABILITATION PROGRAM TO ELIMINATE DRY WEATH- ER BYPASSING, & TO COMPLY W/THE EFFLUE