1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. CITY OF LIVINGSTON 200 WEST CHURCH STREET LIVINGSTON, POLK COUNTY, TEXAS 77351 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY VIOLATING PART I.A. OF ITS NPDES PERMIT BY EXCEEDING ITS EFFLUENT LIMITATIONS OF SOLIDS, PART III.B.3. BY AL- LOWING SOLID DISCHARGES DUE TO A MECHNICAL FAILURE IN THE #1 BASIN, PART C.5.A. BY HAVING A CONTRACT LAB THAT WAS NOT REPORTING ANALYSES IN A TIMELY MANNER AND WAS DEFIC- IENT IN USING EPA APPROVED ANALYTICAL REFERENCES, AND PART D.6. FOR USING MAXIMUM VALUES FOR DMR REPORTING IN- STEAD OF 7-DAY AVERAGES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER REQUIRING THE RESPOND- ENT TO TAKE WHATEVER CORRECTIVE ACTION NECESSARY TO ELIM- INATE AND PREVENT THE RECURRENCE OF DEFICIENCIES CITED IN THE COMPLAINT WITHIN 30 DAYS, SUBMIT A REPORT DETAILLING THE SPECIFIC ACTIONS TAKEN AND WHY SUCH ACTIONS ARE SUF- FICIENT TO PREVENT RECURRENCE OF THE VIOLATIONS, AND IF THE DEFICIENCIES CANNOT BE CORRECTED WITHIN THE 30 DAY TIME FRAME, SUBMIT A COMPREHENSIVE PLAN FOR THE EXPEDIT- IOUS ELIMINATION AND PREVENTION OF SUCH NONCOMPLYING DIS- CHARGES.