1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT, 33 U.S.C. SEC. 1319(G)(2)(A). 2. TYSON FOODS, INC. U.S. HIGHWAY 70 P.O. BOX 220 BROKEN BOW, OK. PERMIT NO. OK0000795 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA, 33 U.S.C. SEC. 1311(A) BY DISCHARGING UNTREATED PROCESS WATER, WHICH CAUSED FISH KILL OF APPROXIMATELY 225 FISH. 4. PURSUANT TO SECTION 309(G) OF THE CWA, ASSESSES THE RE- SPONDENT A CIVIL PENALTY OF $5,000.00.