1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. BASSETT NEW MEXICO L.L.C. D/B/A/ VALLEY TRANSIT MIX 300 SOUTH WALNUT LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 88001 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 1) WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THE AO, SUBMIT ANY INFORMATION DETAILING WHY THE FACILITY HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 45 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUB- MIT ANY POLLUTION PREVENTION PLANS DEVELOPED FOR COMPLI- ANCE WITH THE PERMIT APPLIED FOR, AND 4) ARRANGE A MEET- ING WITH EPA, APPEAR AND SHOW CAUSE.