1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. HERMAN N. NETHERY FACILITY: 500 DEEPWOOD STREET DALLAS, DALLAS COUNTY, TEXAS 75217 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING DREDGED AND FILL MATERIAL INTO WATERS OF THE US WITHOUT A 318, 404, OR 402 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO CEASE ALL DISCHARGES OF SOLID WASTE, WITHIN 60 DAYS OF THE AO ISSUANCE, EITHER DISPOSED OF THE SOLID WASTE AND RESTORE THE SITE OR SUBMIT FOR APPROVAL, A MIT- GATION PLAN AND THE METHODS PROPOSED FOR RESTORATION OR ENHANCEMENT OF THE SITE, AND SUBMIT A FINAL REPORT UPON COMPLETION OF EITHER PLAN.