1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. CONSTRUCTORS, INC. 3001 SOUTH BOYD CARLSBAD, EDDY COUNTY, NEW MEXICO 88220 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT AN NPDES PERMIT AND WITH THE POTENTIAL TO IMPACT THE ENVIR- ONMENT. 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 FOR COMPLI- ANCE WITH THE PERMIT, AND 4) WITHIN 45 DAYS OF THE AO, APPEAR AT EPA AND SHOW CAUSE.