1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. JOHN GORZEMA, D.B.A. DAYBREAK DAIRY 12009 I-10 FRONTAGE ROAD MESQUITE, DONA ANA COUNTY, NEW MEXICO 88048 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 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 IMPLEMEWNT A POLLUTION PREVENTION PLAN, AND 2) WITHIN 30 DAYS OF THE AO, ARRANGE TO MEET AND APPEAR AT EPA AND SHOW CAUSE.