1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. BJZ DAIRY P.O. DRAWER E MESQUITE, DONA ANA COUNTY, NEW MEXICO 88048 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA AND PART III.B. OF ITS NPDES PERMIT BY FAILING TO HAVE A COMPLETED AND IMPLEMENTED POLLUTION PREVENTION PLAN (PPP) AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO: 1) WITHIN 30 DAYS OF THE AO, DEVELOP AND IMPLEMENT A PPP FOR THE FACILITY, AND 2) IF NOT POSSIBLE TO CORRECT VIOLATION IN 30 DAYS, SUBMIT A PLAN AND SCHED- ULE TO CORRECT VIOLATION IN THE SHORTEST TIME POSSIBLE.