1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA )., 33 U.S.C. SECTION 1319(G)(2)(A). 2. KCS PIPELINE SYSTEMS, INC., A DELAWARE CORPORATION FACILITY: ANDERSON PIPELINE CONSTRUCTION PROJECT NEAR TOWN OF ANDERSON ANDERSON, GRIMES COUNTY, TEXAS 77830 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS DURING PERIODS OF RAINFALL BE- GINNING MAY 1995 FROM THE FACILITY INTO A TRIBUTARY TO HOLLAND CREEK WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA EPA PROPOSES A CIVIL PENALTY OF $10,000 PER VIOLATION, UP TO A MAXIMUM OF $25,000.