1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. CITY OF BATON ROUGE PARISH OF EAST BATON ROUGE 300 NORTH BOULEVARD BATON ROUGE, EAST BATON ROUGE PARISH, LOUISIANA 70821 FACILITY: NORTH, CENTRAL AND SOUTH TREATMENT PLANT 3. RESPONDENT WERE IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING SECTION VI (INTERIM EFFLUENT LIMITS) OF THE MODIFIED CONSENT DECREE AND FOR VIOLATING SECTION II (IN- TERIM EFFLUENT LIMITS) OF THE AGREEMENT AND ORDER REGARD- ING MODIFICATION OF THE DEC. 23, 1988 MODIFIED CONSENT DECREE (AGREEMENT AND ORDER). 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA SUBMITTED THIS DIRECT REFERRAL TO DOJ REQUESTING DOJ TO ISSUE A DEMAND LETTER REQUIRING THE RESPONDENTS TO PAY A TOTAL OF $297,000 IN STIPULATED PENALTIES FOR THE VIO- LATIONS CITED. EPA IS ALSO REQUESTING THAT DOJ FILE A CIVIL JUDICIAL ENFORCEMENT ACTION AGAINST THE RESPONDENT SSEKING INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR VIOLA- TIONS OF THE CWA AND THE PROVISIONS OF APPLICABLE NPDES PERMITS. PRIMARILY, EPA SEEKS INJUNCTIVE RELIEF IN ORDER TO REDUCE AND/OR ELIMINATE SANITARY SEWER OVERFLOWS OC- CURRING THROUGHOUT THE SEWERAGE SYSTEMS OPERATED BY THE DEFENDANT. EPA ALSO SEEKS TO OBTA