RESPONDENT IS A PARTNERSHIP WITH A MAILING ADDRESS OF 1023 CHERRY ROAD, MEMPHIS , TN., AND IS A PERSON WITHIN THE MEANING OF SECTION 502(5) OF THE CWA, 33 U.S.C. SEC. 1362(5) . DREDGED MATERIAL IS A POLLUTANT WITHIN THE MEANING OF 40 C.F.R. 232.2 AND SECTION 502(6) OF THE ACT, 33 U.S.C. SEC . 1362(6). RESPONDENT AND/OR INDIVIDUAL ACTING ON ITS BEHALF OWNED AND/ OR OPERATED A BACKHOE FROM WHICH IT DISCHARGED DREDGED MA- TERIAL TO THE RED RIVER AND ADJACENT WETLANDS LOCATED IN SECTION 30, TOWNSHIP 18 NORTH, RANGE 13 WEST, CADDO PARISH, LA. ( THE WETLANDS ) ON OR BEFORE DEC. 3, 1993. AT THE TIME OF THE VIOLATION, THE RESPONDENT DID NOT HAVE COE PERMIT FOR THE DISCHARGES. RESPONDENT'S DISCHARGES VIOLATED SECTION 301 (A) OF THE ACT. UNDER SECTION 309(G)(2)(A) OF THE ACT, 33 U.S.C. SEC. 1319 (G)(2)(A), RESPONDENT IS LIABLE FOR THE ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES IN AN AMOUNT NOT TO EXCEED $10,000 PER VIOLATION, UP TO A MAXIMIM OF $25,000.