1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT, 33 U.S.C. SEC. 1319(G)(2)(A). 2. STEVE RANDALL TRINITY INDUSTRIES, INC. ROUTE 7, BOX 175 LONGVIEW, TX. 75602 PERMIT NO. TXU000088 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA, BY UNLAWFULLY DISCHARGING A POLLUTANT INTO NAVIGABLE WA- TERS WITHOUT AUTHORIZATION BY A NATIONAL POLLUTANT DIS- CHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT. 4. BASED ON THE FOREGOING ALLEGATIONS AND PURSUANT TO THE AUTHORITY OF SECTION 309(G)(2)(A) OF THE CWA, THE RESPON- DENT IS ASSESSED A PROPOSED PENALTY OF $25,000.00.