1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G). 2. LOWER NECHES VALLEY AUTHORITY AND NECHES RIVER TREATMENT CORPORATION GULF STATE ROAD BEAUMONT, TEXAS 77704-3464 PERMIT NO. TX0062677 3. RESPONDENT HAS VIOLATED SECTION 301(A) OF THE CWA BY VIO- LATING PART I.A. OF NPDES PERMIT BY DISCHARGING POLLUT- ANTS INTO THE NECHES RIVER IN AMOUNTS AND/OR CONCENTRAT- IONS IN EXCESS OF THE PERMIT EFFLUENT LIMITATIONS. 4. PROPOSED RELIEF IS SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $125,000.00.