1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. DEL OR DAIRY P.O. BOX 1846 ANTHONY, DONA ANA COUNTY, NEW MEXICO 88021 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) COVERING 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) DEVELOP AND IMPLEMENT A PPP FOR THE FACI- LITY WITHIN 30 DAYS OF THE AO, AND 2) IF NOT POSSIBLE TO CORRECT WITHIN 30 DAYS, SUBMIT A PLAN AND SCHEDULE TO DO SO IN THE SHORTEST TIME POSSIBLE.