THE PROPOSED DEFENDANT, THE CITY OF ST. GEORGE, OWNS AND OPERATES A WASTEWATER TREATMENT PLANT WHICH DISCHARGES INTO A DITCH WHICH INTURN FLOWS TO THE VIRGIN RIVER. FROM BEFOER 1983 TO THE PRESENT TO THE PRESENT, THE CITY HAS DISCHARGED FROM ITS PLANT IN VIOLATION OF ITS NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT PARAMETERS FOR BIOCHEMICAL OXYGEN DEMAND, TOTAL SUSPENDED SOLIDS, AMMONIA, FECAL COLIFORMS AND TOTAL COLIFORMS. THE CITY ALSO VIOLATED THE COMPLIANCE SCHEDULE IN ITS PERMIT REQUIRING IT TO DO PLANNING AND CONSTRUCTION OF A NEW WASTE WATER TREATMENT PLANT TO ENABLE IT TO COMPLY WITH ITS PERMIT LIMITS BY JULY 1, 1985. BECAUSE THE CITY VIOLATED THE SCHEDULE IN ITS PERMIT, EPA REGION VIII ISSUED IT A SERIES OF 3 ADMINISTRATIVE ORDERS UNDER SECTION 309(A) OF THE CLEAN WATER ACT, 33 USC 1319(A) REQUIRING THAT THE PLANNING AND CONSTRUCTION BE DONE. TO DATE, CONSTRUCTION ON THE NEW PLANT HAS STILL NOT COMMENCED.