1. SECTION 309(A)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A)(3). 2. ACE METALS, INC. 4709 BROADWAY SE ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87105 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY ENGAGING IN AN INDUSTRIAL ACTIVITY WITHOUT NPDES PER- MIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A)(3) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RE- SPONDENT TO SUBMIT EXPLANATION OF NON-COMPLIANCE, OBTAIN A PERMIT, SUBMIT A POLLUTION PREVENTION PLAN (PPP) FOR THE FACILITY, MEET EPA AND SHOW CAUSE.