1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. SOUTHWEST CONCRETE & PAVING, INC. FACILITIES: 1. 1955 HILLTOP ROAD SILVER CITY, LUNA COUNTY, NEW MEXICO 88062 2. 20 MILES NORTHWEST OF DEMING DEMING, GRANT COUNTY, NEW MEXICO 88030 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 HAS THE POTENTIAL TO IMPACT THE ENVIRON- MENT WITH ITS ACTIVITIES. 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 INFORMATION DETAILING WHY RESPONDENT HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 45 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, 3) SUBMIT A POLLUTION PREVENTION PLAN DEVELOPED FOR COMPLIANCE WITH THE PERMIT, AND 4) APPEAR AT EPA AND SHOW CAUSE.