1. SECTION 309(G)(2) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(2). 2. TYSON FOODS, INC., A DELAWARE CORPORATION HIGHWAY 96 SOUTH TENAHA, SHELBY COUNTY, TEXAS 75974 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING BOILER BLOWDOWN WATER AND WATER FROM THE SE- CONDARY LIQUID CONTAINMENT SYSTEM TO WATERS OF THE U.S. WITHOUT A NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $137,500, WHICH CONSTI- TUTES NO MORE THAN $11,000 PER DAY PER VIOLATION FOR EACH VIOLATION.