1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. OLAN AND GLENDA BOOHER, INDIVIDUALS D.B.A. BOOHER SAND & GRAVEL MILE MARKER 88 OFF OF U.S. 285, SOUTH OF ROSWELL, N.M. HAGERMAN, CHAVES COUNTY, NEW MEXICO 88232 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO). THE AO ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, MAKE A COMPLETE AND CORRECT APPLICATION FOR PERMIT COVERAGE, SUBMITTING A COPY OF THE APPLICATION, CONFIRMATION OF COVERAGE, AND THE PERMIT NUMBER TO EPA, B) WITHIN 30 DAYS TAKE WHATEVER CORRECTIVE ACTION IS NECESSARY TO CORRECT THE DEFICIENCIES AND ELIMINATE AND PREVENT RECURRENCE OF THE VIOLATIONS CITED, AND TO COME INTO COMPLIANCE, C) WITHIN 30 DAYS, SUMIT A WRITTEN REPORT DETAILING THE SPECIFIC ACTIONS TAKEN TO CORRECT THE VIOLATIONS CITED, EXPLAIN HOW THE ACTIONS WILL PREVENT RECURRENCE, AND IN- CLUDE A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) PREPARED IN ACCORDANCE WITH PERMIT REQUIREMENTS, D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS WITHIN 30 DAYS, WITHIN 30 DAYS, SUBMIT A CO