1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. D & G DAIRY, INC. 7545 VINEYARD ROAD HAGERMAN, CHAVES COUNTY, NEW MEXICO 88232 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA AND PART III.B. OF ITS PERMIT BY FAILING TO HAVE A POLLUTION PREVENTION PLAN (PPP) ON SITE. 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 30 DAYS OF THE EFFECTIVE DATE OF THE AO, TAKE WHATEVER ACTION IS NECESSARY TO DEVELOP AND IMPLEMENT A PPP, 2) APPEAR AT EPA OFFICES AND SHOW CAUSE, AND 3) ARRANGE A MEETING WITH EPA WITHIN 30 DAYS.