1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #5 CROSSING OF BANQUETE CREEK BY COUNTY ROAD 40 BANQUETE, NUECES COUNTY, TEXAS 78339 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS FROM ITS FACILITY THAT EXCEEDED PERMITTED EFFLUENT LIMITATIONS, AS SHOWN IN THE CERTIFIED DMRS FILED WITH EPA. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA PROPOSED A CLASS I PENALTY OF $27,500 FOR THE VIOLATIONS CITED.