CPF INC HAD A LENGTHY RECORD OF VIOLATING LIMITS FOR BOD (AND TO A LESSER EXTENT, TSS). THEY WERE PUT ON SEVERAL COMPLIANCE SCHEDULES BY THE LOCAL CONTROL AUTHORITY, I.E., THE MUNICIPAL TREATMENT PLANT AUTHORITY. AFTER CONTINUING DELAYS IN ACHIEVING COMPLIANCE, AND WHEN THE TOWN PROPOSED ONLY A SMALL, INADEQUATE FINE, WE DECIDED THAT AN EPA ENFORCEMENT ACTION WAS WARRANTED. THE APPROPRIATE SIZED OF THE PENALTY REQUIRED A JUDICIAL ACTION RATHER THAN AN ADMINISTRATIVE ACTION.