1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. CITY OF PORT LAVACA P.O. BOX 105 PORT LAVACA, CALHOUN COUNTY, TEXAS 77979 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY FAILING TO COMPLY WITH THE PROVISIONS OF AO #VI-95- 1263 TO EVALUATE AND REHABILITATE ITS COLLECTION SYSTEM DUE TO AREA EXPERIENCING A DROUGHT AND THE FLOW MONITOR- ING COULD NOT BE COMPLETED. 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 SO AS TO MINIMIZE THE NUMBER AND SEVERITY OF OVERFLOWS OCCURRING, COMPLY WITHTHE SCHEDULE LISTED FOR EVALUATING THE ENTIRE COLLECTION SYSTEM, REPORT COMPLIANCE OR NONCOMPLIANCE WITHIN 14 DAYS OF A SPECIFIC ACTION, SUBMIT PROGRESS RE- PORT QUARTERLY, AND REPORT ALL INSTANCES OF OVERFLOWS.