1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. SYBARITE ENTERPRISES, L.L.C., A TEXAS LIMITED LIABILITY COMPANY 2400A ROOSEVELT DRIVE ARLINGTON, TARRANT COUNTY, TEXAS 76016 FACILITY: FM 5 AND FM 1187 ALEDO, PARKER COUNTY, 76008 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS TO WATERS OF THE U.S. WITHOUT 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 RESPONDENT HAS NOT COMPLIED WITH SECTION 301 OF THE CWA, 2) WITHIN 45 DAYS OF THE AO, OBTAIN NPDES PERMIT COVERAGE, AND 3) SUBMIT ANY POLLUTION PREVENTION PLAN DEVELOPED FOR COM- PLIANCE WITH THE PERMIT.