THE STATUTORY BASIS FOR THE ACTION IS CWA 309(B) AND (D), 33 U.S.C. SECTIONS 1319(B) AND (D). THE TOWN OF WINCHENDON HAS DISCHARGED, AND CONTINUES TO DISCHARGE POLLUTANTS FROM ITS WASTEWATER TREATMENT FACILITY IN VIOLATION OF ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, AND CONTINUES TO DISCHARGE POLLUTANTS WITHOUT AUTHORIZATION OF AN NPDES PERMIT. BOTH IN VIOLATION OF CWA SECTION 301(A). THE RELIEF SOUGHT IS A PENALTY AMOUNT AS WELL AS INJUNCTIVE RELIEF REQUIRING THE TOWN TO COMPLETE NECESSARY WORK AND EXPAND AND UPGRADE ITS WASTEWATER TREAT- MENT FACILITY AND COLLECTION SYSTEM IN ORDER TO ELIMINATE ALL NPDES PERMIT VIOLATIONS.