1. SECTION 309(G)(2) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(2). 2. CITY OF FORT SMITH 13 NORTH P STREET AND NORTH 9TH AND Q STREET FORT SMITH, ARKANSAS 72902 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) BY VIOLAT- ING CONDITION PART III.A. OF ITS NPDES PERMIT BY FAILING TO IMPLEMENT ITS PRETREATMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR 303. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $125,000.