1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C, 1319. 2. TEXMARK CHEMICALS, INC., A TEXAS CORPORATION P.O. BOX 67 GALENA PARK, HARRIS COUNTY, TEXAS 77547-0067 3. THE TEXMARK CHEMICALS PLANT HAS BEEN VIOLATING EFFLUENT LIMITATIONS FOR A CONSIDERABLE PERIOD OF TIME DURING THE LAST 5 YEARS. ON SEVERAL OCCASIONS DURING THE LAST YEAR, THE PERMITEE SUBMITTED TO EPA DIFFERENT PROPOSALS TO CON- STRUCT IMPROVEMENTS TO BRING THE FACILITIES INTO COMPLI- ANCE WITH THE NPES PERMIT REQUIREMENTS. EACH TIME A SCHEDULE ORDER WAS ISSUED BY EPA REQUIRING THE PERMITEE TO CONSTRUCT THE PERMITEE-PROPOSED IMPROVEMENTS AND TO COMPLY WITH THE NPDES REQUIREMENTS, THE PERMITEE CONSIS- TENTLY FAILED TO FULFILL ITS COMMIMENT TO COMPLY. WITH REGARD TO SOME OF THE SCHEDULE ORDERS, THE PERMITEE CHANGED THE STORY IN ORDER TO ABANDON THE REQUIRED CON- STRUCTION OF TREATMENT FACILITIES AND PROPOSED TO CON- STRUCT A NEW TREATMENT PLANT CONTINGENT UPON THE PLANT OWNER'S ABILITY TO BUY A PORTION OF AN ADJACENT PROPERTY. WHEN EPA INDICATED TO THE PERMITEE THAT ACHEDULE ORDER COULD NOT BE ISSUED ON THE BASIS OF A CONTINGENT PROPOSAL THE PERMITEE STATED THAT ALL THE CONSTRUCTION NEEDED TO COMPLY WITH THE NPDES REQUIREMENTS WERE COMPLETED INSTEAD OF COMPLETING THE PREVIOUSLY PROP