1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. AGRONICS, INC., A NEW MEXICO CORPORATION OLD HIGHWAY 44, 8.5 MILES SOUTHEAST OF CUBA, SANDOVAL COUNTY, NEW MEXICO 87103 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE FROM OCT. 1, 1992 THROUGH DEC. 1999. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF UP TO $137,500 FOR THE VIOLA- TION CITED.