1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. TEXMARK CHEMICALS, INC. P.O. BOX 67 GALENA PARK, HARRIS COUNTY, TEXAS 77547-0067 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY VIOLATING PART I.A. AND III.B.4.C. OF ITS PERMIT AND AO VI-96-0402 BY EXCEEDING THE EFFLUENT LIMITATIONS, ALLOW- ING 60,000 GALLONS OF UNTREATED WASTEWATER TO BE DIS- CHARGED INTO PANTHER CREEK, AND FAILING TO START CON- STRUCTION OF PROPOSED IMPROVEMENTS BY MAY 1, 1996, AND COMPLETE CONSTRUCTION BY OCT. 15, 1996. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO CORRECT AND PREVENT THE RECURRENCE OF THE VIOLATIONS AND MEET EPA AND SHOW CAUSE.