1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. NUECES COUNTY W.C.I.D. #5 CROSSING OF BANQUETE CREEK BY COUNTY ROAD 40, NEAR THE CITY BANQUETE, NUECES COUNTY, TEXAS 78339 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO PROPERLY OPERATE AND MAINTAIN THE FACILITY AND SYSTEM OF TREATMENT AND CONTROL IN A MANNER WHICH WILL MINIMIZE UPSETS AND DISCHARGES OF EXCEESIVE POLLUTANTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO CORRECT AND PREVENT RECURRENCE OF THE VIOLATIONS AND REPORT ON THE ACTIONS TAKEN WITHIN 30 DAYS, OR WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSSIBLE TIME.