1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(G)(2)(A). 2. GULF COAST PORTLAND CEMENT 6203 INDUSTRIAL WAY HOUSTON, TEXAS 77011 NPDES PERMIT NO. TX0004022 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING COOLING TOWER OVERFLOW AND STORMWATER RUN- OFF INTO BUFFALO BAYOU WITHOUT A PERMIT. THE PERMIT IS- SUED TO THE RESPONDENT HAD EXPIRED, AND THE RESPONDENT HAD NOT APPLIED FOR OR RECEIVED AN NPDES PERMIT RENEWAL OR A NEW PERMIT FOR THE DISCHARGE OF A POLLUTANT FROM THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA EPA PROPOSES A PENALTY OF $10,000 PER VIOLATION, UP TO A MAXIMUM OF $25,000.