1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. JAMES D. WHITE EBB TIDE OIL COMPANY TABBS BAY 5104 GLEN HAVEN BAYTOWN, HARRIS COUNTY, 77521 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING PRODUCED WATER AND SAND INTO 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 THE FACILITIES SO AS TO DISCHARGE EFFLUENT WHICH DOES NOT EXCEED THE EFFLUENT LIMITATIONS.