1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. WIMAX DEVELOPMENT CORPORATION CF JORDAN RESIDENTIAL L.P. FACILITY: SEVEN BAR APARTMENTS CONSTRUCTION SITE 10600 CIBOLA LOOP ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN AN INDUSTRIAL ACTIVITY WITHOUT BEING COVERED BY AN NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO DETAIL NON-COMPLIANCE, OBTAIN A PERMIT, SUB- MIT A POLLUTION PREVENT PLAN FOR THE FACILITY, IDENTIFY ALL OPERATORS , MEET WITH EPA AND SHOW CAUSE.