1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. TEXAS DEPT. OF TRANSPORTATION (TXDOT), A TEXAS POLITICAL SUB-DIVISION RAILWORKS W. T. BYLER LP, A TEXAS CORPORATION CITY OF MT. PLEASANT, A TEXAS MUNICIPALITY FACILITY: EAST OF STATE HIGHWAY 271 ON OLD TITUS CR 12, DIRECTLY EAST OF FM 3417 EXIT OFF SH 271, NORTH OF BIG CYPRESS BAYOU MT. PLEASANT, TITUS COUNTY, TEXAS 75455 3. RESPONDENTS RAILWORKS W. T. BYLER LP AND THE CITY OF MT. PLEASANT WERE IN VIOLATION OF SECTION 301 OF THE CWA BY EACH DAY THAT RESPONDENTS CONDUCTED THE RELEVANT ACTIVI- TIES AND OPERATED THE FACILITY WITHOUT NPDES PERMIT COVERAGE. RESPONDENT TXDOT WAS IN VIOLATION OF SECTION 402 OF THE CWA IN THAT POLLUTION CONTROL MEASURES WERE NOT SUFFICIENT NOR PROPERLY MAINTAINED AND THAT AN OFF- BORROW PIT FOR SOIL WAS NOT INCLUDED IN THE SWPPP. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, RAILWORKS W. T. BYLER LP AND THE CITY OF MT. PLEASANT SHALL OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICA- TIONS, CONFIRMATION OF COVERAGE AND PERMIT NUMBERS TO EPA; B) WITHIN 30 DAYS, TXDOT AVI