1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. VISION METAL F.K.A. QUANEX CORP. - GULF STATES TUBE DIV. P.O. BOX 952 ROSENBERG, FORT BEND COUNTY, TEXAS 77471 3. QUANEX IS A MAJOR INDUSTRIAL FACILITY WHICH MANUFACTURES STEEL TUBES BY THE PROCESS OF HOT EXTRUSION, COLD DRAWING AND WELDING. THE FACILITY DISCHARGES INTO COUNTY DRAINAGE DITCHES WHICH CONNECT TO AN UNNAMED TRIBUTARY, COON CREEK, BIG CREEK, AND THEN TO THE BRAZOS RIVER. THE RESPONDENT WAS IN VIOLATION OF SECTIONS 301(A) AND 402(A) OF THE CWA BY EXCEEDING THE EFFLUENT LIMITS OF ITS PERMIT ON NUNEROUS OCASSIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING THE FILING OF A CIVIL JUDICIAL ENFORCEMENT ACTION AGAINST QUANEX. EPA IS SEEKING BOTH CIVIL PENALTIES AND INJUNCTIVE RELIEF TO BRING THE FACILITY BACK INTO COMPLIANCE WITH ITS NPDES PERMIT AND DETER THE FACILITY FROM FURTHER VIOLATIONS. THE FACILITY MUST DETERMINE THE SPECIFIC CAUSE OF THE ZINC VIOLATIONS AND TAKE NECESSARY STEPS TO ELIMINATE THEM. IN ADDITION, QUANEX MUST PROPERLY OPERATE AND MAIN- TAIN ITS TREATMENT FACILITIES TO ENSURE REGULAR COMPLI- ANCE WITH ALL PERMIT LIMITS. FURTHER, A CIVIL PENALTY WILL BE SOUGHT WHICH WILL TAKE IN