1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. MARIO SINACOLA AND SONS EXCAVATING, INC., A MICHIGAN CORPORATION FACILITY: COIT AND HEDGECOXE PLANO, COLLIN COUNTY, TEXAS 75023 3. RESPONDENT WAS IN VIOLATION OF SECTIO 301(A) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF POLLUTANTS INTO WATERS OF THE U.S. FROM THE FACILITY WITHOUT A NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $27,500, WHICH CONSTITUTES NO MORE THAN $11,000 PER DAY PER VIOLATION FOR EACH VIOLA- TION.