1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G)(2)(A). 2. GNB, INCORPORATED 7471 SOUTH FIFTH STREET FRISCO, TEXAS 75034 NPDES PERMIT NO. TX0103292 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA BY FAILING TO CONDUCT REQUIRED MONTHLY TOXICITY TESTING DURING THE MONTHS OF MAR. 1992, JUL. 1992, NOV. 1992, FEB. 1993, MAR. 1993, AND APR. 1993 AS REQUIRED BY THE MONITORING REQUIREMENTS OF ITS NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA A PENALTY OF $25,000.00 IS PROPOSED.