1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G)(2)(A). 2. CITY OF LUFKIN P.O. DRAWER 190 LUFKIN, TEXAS 75902-0190 NPDES PERMIT NO. TX0024309 3. RESPONDENT VIOLATED SECTION 201(A) OF THE CWA BY DISCHAR- GING POLLUTANTS INTO HURRICANE CREEK IN EXCESS OF THE EF- FLUENT LIMITATIONS OF ITS PERMIT AND BY VIOLATING THE PERMIT REQUIREMENT TO SUBMIT MODIFICATIONS TO THEIR IN- DUSTRIAL PRETREATMENT PROGRAM IN ACCORDANCE WITH THE DEAD LINE SPECIFIED IN THE PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA A PENALTY OF $25,000.00 IS PROPOSED.