1. SECTION 309(G) OF THE CLEAN WATER ACT, 33 U.S.C. SEC. 1319(G). 2. PHIBRO ENERGY USA P.O. BOX 5038 HOUSTON, TX. 77262-5038 PERMIT NO. TX0002976 3. THE RESPONDENT HAS VIOLATED SECTION 301(A) OF THE CWA, 33 U.S.C. SEC. 1311(A) BY VIOLATING PARTS I.A. AND III.4. OF NPDES PERMIT NO. TX0002976, WHICH HAD BEEN ISSUED TO THE RESPONDENT. THE RESPONDENT HAS VIOLATED THE EFFLUENT LIM- ITATIONS OF PART I.A. AND PART III.A.4. BY FAILING TO SUBMIT THEIR APPLICATION FOR PERMIT RE-ISSUANCE 180 DAYS PRIOR TO PERMIT EXPIRATION. 4. RELIEF IS SOUGHT PURSUANT TO SECTION 309(G) OF THE CWABY ISSUING A PROPOSED FINAL ORDER ASSESSING ADMINISTRATIVE PENALTIES TO THE RESPONDENT ASSESSING A PENALTY OF $125, 000.00.