1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. DAVID TEMPLET MITCHELL ENERGY CORPORATION GALVESTON SHIP CHANNEL P.O. BOX 4000 THE WOODLANDS, TEXAS 77387-4000 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING PRODUCED WATER AND SAND TO THE WATERS OF THE U.S. THAT EXCEED THE EFFLUENT LIMITS. 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 ITS FACILITIES SO AS TO DISCHARGE EFFLUENT WHICH DOES NOT EXCEED THE EFFLUENT LIMITATIONS.