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<br />- 6 - <br />13. Pursuant to Section 402 of the Act, 33 U.S.C. § 1342, <br />on September 30, 1988, the Ohio Environmental Protection Agency <br />("OEPA") issued NPDES Permit No. OH0026778 ("Permit").to North <br />Olmsted. On October 27, 1988, North Olmsted appealed the Ohio <br />EPA's actions in determining certain pollutant parameters <br />contained in the September 30, 1988, NPDES permit to the State of <br />Ohio Environmental Board of Review (EBR). The appeal was <br />resolved on May 10, 1993, by the Ohio EPA issuance of an NPDES <br />permit modification. <br />14. On June 21, 1991, OEPA issued an Administrative Order <br />to North Olmsted reguiring inter aZia, that North Olmsted <br />eliminate all overflows and bypasses unless otherwise authorized <br />by its Permit. <br />15. On or about July 31, 1991, EPA issued Administrative <br />Order No. V-W-91-AO-33 to North Olmsted, pursuant to Section <br />309(a) of the Act, 33 U.S.C. § 1319(a), requiring, inter alia, <br />that North Olmsted achieve consistent compliance with its Permit <br />within forty (40) days of receipt of the Administrative Order. <br />16. On at least 2,130 occasions from November 1988 through <br />at least September 1994, North Olmsted discharged one or more of <br />the following pollutants to the Rocky River in violation of the <br />specific effluent limitations in its Permit: Biological Oxygen <br />Demand (BODS); Oil and Grease (O&G) ; Fecal Coliform (FC) ; Ammonia <br />(NH3) ; Copper (Cu) ; Mercury (Hg) ; Phosphorus (P) ; Chromium (Cr); <br />Cadmium (Cd); and Zinc (Zn). Tn addition, during this same <br />period, North Olmsted discharged effluent to the'Rocky River with <br />