1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. NEELY & SONS EXCAVATION, INC., A TEXAS CORPORATION 1251 PEMBERTON HILL ROAD DALLAS, DALLAS COUNTY, TEXAS 75217 3. RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FA- CILITY WITHOUT NPDES PERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 30 DAYS, OBTAIN NPDES PERMIT COVERAGE, SUBMITTING A COPY OF THE PERMIT APPLICATION AND NUMBER TO EPA; B) WITHIN 30 DAYS, TAKE CORRECTIVE ACTION TO CORRECT, ELIMINATE AND PREVENT RECURRENCE OF VIOLATIONS AND TO COME INTO COM- PLIANCE; C) WITHIN 30 DAYS, SUBMIT A WRITTEN REPORT DE- TAILING THE SPECIFIC ACTIONS TAKEN, HOW THE ACTIONS WILL PREVENT RECURRENCE, INCLUDE A COPY OF THE SWPPP, AND PRO- VIDE AN EXPLANATION WHY ENTRY WAS DENIED TO PROPERLY CREDENTIALED OFFICIALS OF THE CITY OF DALLAS TO EVALUATE COMPLIANCE; D) IF NOT POSSIBLE TO CORRECT THE VIOLATIONS IN 30 DAYS, WITHIN 30 DAYS, SUBMIT A COMPREHENSIVE PLAN TO DO SO IN THE SHORTEST POSIBLE TIME; AND E) WITHIN 45 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.