1. SECTIONS 309(G)(1) AND 309(G)(2) OF THE CLEAN WATER ACT, 33 U.S.C. SECTIONS 1319(G)(1) AND 1319(G)(2), ( CWA ). 2. MCKINNEY METALS COMPANY 300 N. MACDONALD MCKINNEY, COLLIN COUNTY, TEXAS 75069 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS WITHOUT A PERMIT AND NOT HAVING A POLLUTION PREVENTION PLAN (PPP) PREPARED OR IMPLEMENTED AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(A)(2) OF THE CWA EPA PROPOSES A CIVIL PENALTY OF $10,000 PER VIOLATION, UP TO A MAXIMUM OF $25,000.