1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. LAS CRUCES TRANSIT MIX, INC. 150 NORTH HERMOSA LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 88004 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 SUBMIT ANY INFORMATION DETAILING WHY THE FA- CILITY HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, OB- TAIN AN NPDES PERMIT, SUBMIT ANY POLLUTION PREVENTION PLANS DEVELOPED FOR COMPLIANCE, ARRANGE A MEETING WITH EPA, APPEAR AT EPA AND SHOW CAUSE.