1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. SHELL WESTERN EXPLORATION AND PRODUCTION, INC. FACILITY: MATAGORDA BAY - ST 274 P.O. BOX 576 HOUSTON, HARRIS COUNTY, TEXAS 77001 3. RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF PART I.2.C.A. OF ITS PERMIT BY CONTINUED DISCHARGE OF PRODUCED WATER AND PRODUCED SAND TO WATERS OF THE U.S. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO OPERATE AND MAINTAIN THE FACILITY AS NOT TO EXCEED THE EFFLUENT LIMITATIONS, DISCHARGE LIMITATIONS, AND THE WHOLE EFFLUENT TOXICITY LIMIT OF THE AO, ALLOW NO FLOATING SOLIDS OR VISIBLE FOAM OTHER THAN TRACE AMOUNTS IN ITS DISCHARGES, COMPLY WITH THE MONITORING AND REPORT- ING REQUIREMENTS OF THE AO, COMPLY WITH THE ACTIVITY SCHEDULE OF THE AO, REPORT NON-COMPLIANCE OR COMPLIANCE, AND COMPLY WITH THE NO DISCHARGE REQUIREMENT OF ITS PER- MIT.