1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. MR. ERIC LUCHINI, D.B.A. LUCHINI'S WRECKER SERVICE 3621 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 INDUTRIAL ACTIVITY WITHOUT BEING COVER- ED 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 PLAN DEVELOPED, AND 4) AP- PEAR AT EPA AND SHOW CAUSE.