1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. BARRY, BETTE & LED DUKE, A NEW YORK CORPORATION 9901 E. VALLEY RANCH PARKWAY, SUITE 3000 IRVING, DALLAS COUNTY, TEXAS 75063 FACILITY: ARAPAHO AND PRESTONWOOD, DALLAS COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT 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 PLAN, AND 4) APPEAR AT EPA AND SHOW CAUSE.