1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTINS 1318(A) AND 1319(A). 2. TEXAS DEPARTMENT OF TRANSPORTATION, A TEXAS POLITICAL SUBDIVISION ZACHRY CONSTRUCTION CORPORATION, A TEXAS CORPORATION FACILITY: TXDOT HIGH FIVE PROJECT, CONTRACT #04013001 INTERSECTION OF INTERSTATE HIGHWAY 635 AND U.S. HIGHWAY 75 DALLAS, DALLAS COUNTY, TEXAS 75243 3. RESPONDENT ZACHERY CONSTRUCTION CORP. WAS IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT ZACHERY CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND RESPONDENT TXDOT WAS IN VIOLA- TION OF SECTION 402 OF THE CWA BY VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENTS TO: A) WITHIN 30 DAYS, ZACHERY WILL OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE AND THE PERMIT NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RE- CURRENCE OF THE VIOLATIONS CITED AND TO COME INTO COMPLI- ANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DETAIL- ING THE SPECIFIC ACTIONS TAKEN AN