1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G)(2)(A). 2. VILLAGE OF RUIDOSO P.O. BOX 69 RUIDOSO, NEW MEXICO 88345 NPDES PERMIT NO. NM0029335 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA BY DISCHAR- GING POLLUTANTS FROM ITS FACILITY INTO THE RIO RUIDOSO, WHICH CAUSED A FISH KILL OF APPROXIMATELY 3000 FISH. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA EPA PROPOSES A PENALTY OF $10,000.00.