1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3)> 2. MARIO SINACOLA & SONS EXCAVATING, INC. FACILITY: HIGHLAND RIDGE VII DEVELOPMENT COIT AND HEDGECOXE LEWISVILLE, COLLIN COUNTY, TEXAS 75067 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN AN INDUSTRIAL ACTIVITY WITHOUT BEING COV- ERED 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 EXPLAIN THE FACILITY'S NON-COMPLIANCE, OBTAIN AN NPDES PERMIT, SUBMIT POLLUTION PREVENTION PLANS (PPP), AND MEET WITH EPA AND SHOW CAUSE.