1. SECTION 309(G)(2) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. KMCO, INC. D/B/A/ KMTEX 2450 S. GULFWAY DRIVE PORT ARTHUR, JEFFERSON COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING FROM THE FACILITY WASTEWATER HIGH IN COD FROM OUTFALL 001 DURING THE PERIOD MAR. 1, 1993 TO AUG. 1996 WITHOUT HAVING AN NPDES PERMIT FOR THE DISCHARGES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $10,000 PER VIOLATION, UP TO A MAXIMUM OF $25,000.