1. SECTION 309(G)(2)(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(2)(A). 2. EMBREY PARTNERS, LTD. A TEXAS LIMITED PARTNERSHIP, BY EMBREY DEVELOPMENT CO., A TEXAS CORP. AS GENERAL PARTNER FACILITY: LANTANA APARTMENTS 6636 WEST WILLIAM CANNON DRIVE AUSTIN, TRAVIS COUNTY, TEXAS 78711 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING POLLUTANTS WITH STORM WATER FROM THE FACI- LITY TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT, AND FAILING TO HAVE A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ON-SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(2)(A) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $27,500, WHICH CON- STITUTES NO MORE THAN $11,000 PER DAY PER VIOLATION FOR EACH VIOLATION. THE PROPOSED PENALTY WAS DETERMINED BASED ON THE NUMBER OF VIOLATIONS, INCLUDING A CONSIDERATION OF THE DURATION OR CONTINUITY OF EACH VIOLATION, UP TO THE STATUTORY MAXIMUM PENALTY FOR EACH SEPARATE VIOLATION.