1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ELF ATOCHEM NORTH AMERICA, INC., A PENNSYLVANIA CORP. 2052 GULF STATES ROAD BEAUMONT, JEFFERSON COUNTY, TEXAS 77704 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) DISCHARGING POLLUTANTS FROM THE FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, 2) FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY IN ORDER TO ACHIEVE COMPLIANCE WITH OTHER CONDITIONS OF THE PERMIT, AND AL- LOWING AN UNSPECIFIED AMOUNT OF WASTEWATER BYPASS TO OC- CUR. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO ORDERS THE RESPONDENT TO: A) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, B) WITHIN 30 DAYS OF THE AO, SUBMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED AND EXPLAINING WHY SUCH AC- TIONS ARE ANTICIPATED TO BE SUFFICIENT TO PREVENT RECUR- RENCE OF THE VIOLATIONS, AND C) IF PERMITTEE BELIEVES COMPLETE CORRECTION OF THE VIOLATIONS IS NOT POSSIBLE WITHIN 30 DAYS, WITHIN 30 DAYS OF THE AO, SUBMIT A COM- PREHENSIVE PLAN FOR ELIMINATION A