BRIEF SYNOPSIS OF THE CASE THE CITY OF ROCHESTER OWNS AND OPERATES A MUNICIPAL WASTEWATER TREATMENT PLANT. ROCHESTER HAS CONSISTENTLY FAILED TO MEET THE LIMITS CONTAINED IN ITS NPDES PERMIT SINCE THE MOST RECENT PERMIT WAS ISSUED IN FEBRUARY 1982. THE PERMIT'S LIMITS FOR FIVE DAY BIOCHEMICAL OXYGEN DEMAND (BOD5) HAVE BEEN EXCEEDED DURING EACH AND EVERY MONTH SINCE FEBRUARY 1982, WHILE THE LIMITS FOR SUSPENDED SOLIDS HAVE EXCEEDED DURING AT LEAST TWELVE SEPARATE MONTHS. ROCHESTER HAD PROBLEMS MEETING THE LIMITS CONTAINED IN ITS PRIOR NPDES PERMIT, AND REGION V HAS BEEN PURSUING INFORMAL AND ADMIN- ISTRATIVE ENFORCEMENT ACTION SINCE 1980 WITHOUT NOTABLE SUCCESS. ROCHESTER WILL PROBABLY HAVE TO CONSTRUCT NEW WASTEWATER TREATMENT FACILITIES IN ORDER TO COMPLY WITH ITS NPDES PERMIT, YET HAS FAILED TO SUBMIT AN APPROVABLE FACILITIES PLAN, WHICH IS NECESSARY TO OBTAIN EPA CONSTRUC- TION GRANT FUNDS. ALTHOUGH ROCHESTER'S COMPLIANCE RECORD HAS BEEN CON- SISTENTLY BAD, IN RECENT MONTHS IT HAS DETERIORATED EVEN MORE. REGION V HAS RECEIVED ALLEGATIONS THAT ROCHESTER IS NOT COMMITTING SUFFICIENT RESOURCES TO OPERATE AND MAINTAIN THE FACILITY PROPERLY, AND IS NOT ENFORCING ITS SEWER USE ORDINANCE. AS A RESULT, THE ROCHESTER WASTEWATER TREATMENT PLANT IS CONTRIBUTING TO THE DEGRADATION OF MILL CREEK AND THE TIPPECANOE RIVER, AND CREATING A P