1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G)(2)(A). 2. PHILLIPS 66 COMPANY A DIVISION OF PHILLIPS PETROLEUM COMPANY SWEENY COMPLEX P.O. BOX 866 SWEENY, TEXAS 77480 NPDES PERMIT NO. TX0007536 3. RESPONDENT VIOLATED SECTION 301(A) OF THE CWA BY EXCEED- ING THE ESTABLISHED EFFLUENT LIMITATIONS FOR TOXICITY FOR DISCHARGES FROM ITS FACILITY. RESPONDENT EXCEEDED THE WHOLE EFFLUENT TOXICITY (WET) ON ITS REPORTED WET DAILY AVERAGE AND WET 7-DAY MINIMUM LIMITS ON 15 DIFFERENT OC- CASIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA EPA PROPOSES A PENALTY NOT TO EXCEED $25,000.00.