ON DECEMBER 23, 1992 EPA REGION 6 SUBMITTED A DIRECT REFERRAL PROPOSING CIVIL JUDICIAL ACTION TO THE DEPARTMENT OF JUSTICE PRESENTING EVIDENCE THAT THE SEWERAGE AND WATER BOARD OF NEW ORLEANS (THE BOARD) VIOLATED THE CLEAN WATER ACT SECTIONS 301 AND 402, 33 U.S.C. 1311 AND 1342, BY FAILING TO COMPLY WITH CERTAIN PROVISIONS SET FORTH IN A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ISSUED BY REGION 6 AUTHORIZING DISCHARGES FROM THE BOARD'S EAST BANK SEWERAGE WASTEWATER TREATMENT PLANT (EAST BANK PLANT), A POTW (PUBLICLY OWNED TREATMENT WORKS) SERVICING NEW ORLEANS AND SURROUNDING AREAS. SPECIFICALLY, THE BOARD FAILED TO PROPERLY MAINTAIN AND OPERATE THE EQUIPMENT NECESSARY FOR COMPLIANCE THEREBY CAUSING THE VIOLATIONS OF CERTAIN EFFLUENT LIMITATIONS PROVIDED IN THE NPDES PERMIT. ADDITIONALLY, ILLEGAL BYPASSES WERE RE- PORTED TO AND OBSERVED BY EPA AND THE STATE. THE BOARD, THEREFORE, IS SUBJECT TO CIVIL PENALTIES AND POTENTIALLY MAY BE SUBJECT TO INJUNCTIVE RELIEF PURSUANT TO SECTIONS 309B AND D OF THE ACT, 33 U.S.C. 1319(B) AND (D). * THE EAST BANK PLANT IS CURRENTLY OPERATING PURSUANT TO NPDES PERMIT NO. LA0038091 ISSUED BY REGION 6 TO THE BOARD ON JUNE 16, 1989, AND EFFECTIV