1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. PHELPS DODGE CHINO, INC. D/B/A CHINO MINES COMPANY P.O. BOX 7 HURLEY, GRANT COUNTY, NEW MEXICO 88043 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT WERE NOT IN ACCORDANCE WITH ITS NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G), EPA PROPOSED A CLASS II CIVIL PENALTY OF $44,000 FOR THE VIOLATIONS CITED.