SYNOPSIS OF THE CASE THE CITY OF BEDFORD, OHIO (BEDFORD) HAS OPERATED ITS WASTEWATER TREATMENT PLANT IN VIOLATION OF ITS FINAL NATION- AL POLLUTANT DISCHARGE ELIMINATION (NPDES) PERMIT LIMITA- TIONS SINCE JULY 1, 1977. HOWEVER, THROUGH AN EXERCISE OF THEIR ENFORCEMENT DISCRETION, THE OHIO ENVIRONMENTAL PROTEC- TION AGENCY (EPA) AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ISSUED AN ENFORCEMENT COMPLIANCE SCHEDULE LETTER (ECSL) TO BEDFORD. THE ECSL GAVE BEDFORD ADDITIONAL TIME IN WHICH TO COMPLY WITH APPLICABLE NPDES PERMIT RE- QUIREMENTS, PROVIDED THAT CERTAIN ACTIONS WERE TAKEN BY BEDFORD. THE ECSL CONTEMPLATED THAT BEDFORD WOULD REMAIN ELIGIBLE FOR FEDERAL GRANT ASSISTANCE. ON NOVEMBER 29, 1983, U.S. EPA ISSUED AN ADMINISTRATIVE ORDER TO BEDFORD PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT. THE ORDER FOUND, AMONG OTHER THINGS, THAT BEDFORD HAD FAILED TO ACHIEVE COMPLIANCE WITH ITS FINAL NPDES PERMIT LIMITATIONS, THAT ADDITIONAL IMPROVEMENTS WOULD BE REQUIRED TO BRING BEDFORD'S WASTEWATER TREATMENT PLANT INTO COM- PLIANCE, AND, MOST IMPORTANTLY, THAT FEDERAL CONSTRUCTION FUNDING WOULD NOT BE AVAILABLE TO FINANCE THESE NECESSARY IMPROVEMENTS IN THE FORESEEABLE FUTURE. THE ORDER REVOKED THE ECSL AND ORDERED BEDFORD TO DEVELOP A MUNICIPAL COM- PLIANCE PLANT (MCP). IN ITS MCP, BEDFORD WAS ORDERED TO DESCRIBE THE IMPROVEMENTS NEEDED TO AC