1. SECTION 309(G)(1) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(1). 2. CITY OF ELK CITY, OKLAHOMA P.O. BOX 1337 ELK CITY, BECKHAM COUNTY, OKLAHOMA 73648 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE TOTAL RETENTION LAGOON SYSTEM TO WATERS OF THE U.S. WITHOUT A NPDES PERMIT DUR- ING THE TIME PERIOD OF APR. 17, 1997 THROUGH JUL. 10, 1997, AND 2) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G)(1) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $27,500 FOR THE VIOLA- TIONS CITED.