THIS IS A CIVIL ACTION AGAINST THE CITY OF CAPE CORAL, FLORIDA, FOR INJUNCTIVE RELIEF AND ASSESSMENT OF CIVIL PENALTIES UNDER SECTION 309 OF THE CLEAN WATER ACT. THE CITY OF CAPE CORAL, FLORIDA, IS LOCATED IN LEE COUNTY. THE CITY OPERATES A 4-MGD SEWAGE TREATMENT PLANT WHICH DISCHARGES INTO THE CALOOSAHATCHEE RIVER AND SERVICES A POPULATION OF APPROXIMATELY 47,000. IN ACCORDANCE WITH ITS AO'S, THE CITY WAS TO EXPAND THE WASTEWATER TREATMENT PLANT IN ORDER TO MEET ITS EFFLUENT LIMITS. IT RECEIVED A STATE SMALL COMMUNITY GRANT OF $3 MILLION TO ASSIST THEM. DUE TO DELAYS, A SHOW CAUSE MEETING WAS HELD ON MARCH 5, 1987. A NEW AO WAS ISSUED TO MEET THAT SCHEDULE. DUE TO CONTINUED LACK OF PROGRESS, ANOTHER SHOW CAUSE MEETING WAS HELD WITH CITY OFFICIALS ON AUGUST 16, 1988. THE CITY HAD ESTIMATED THE PLANT CONSTRUCTION COST TO BE APPROXIMATELY $15 MILLION BUT LATER FOUND IT TO BE CLOSER TO $20 MILLION. THE CITY THEN RETAINED A DIFFERENT ENGINEERING FIRM TO RE-DESIGN THE PLANT TO FIT FUNDING AVAILABILITY. THE CONSTRUCTION OF THE EXPANSION PROJECT HAS BEEN COM- PLETED, WELL PAST THE CITY'S MANDATED DEADLINE. THE PLANT IS NOW MEETING ALL LIMITS EXCEPT FOR TOXICITY.