1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. BAYER CORPORATION 8500 WEST BAY ROAD BAYTOWN, CHAMBERS COUNTY, TEXAS 77520-9730 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY FAILING TO APPY FOR A NEW NPDES PERMIT WITHIN THE RE- QUIRED 180 DAYS BEFORE A DISCHARGE IS TO COMMENCE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO PROVIDE TREATMENT TO ENSURE THAT THE DISCHAR- GES MEET EFFLUENT LIMITATIONS FOR THE DISCHRGE FROM FINAL OUTFALL 005 AND THAT THE PERMITEE TAKE SAMPLES OF THE TREATED PROCESS WASTEWATER USING EPA APPROVED METHODS FOR POLLUTANTS AND THE RESULTS SUBMITTED TO EPA.