1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. BYRD'S R & M, INC. 1545 W. PICACHO LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 88005 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), APPEAR AT AND MEET WITH EPA AND SHOW CAUSE.