EPA alleges that the Respondent is in violation of its NPDES permits authorized under Section 402 of CWA. Violations include unpermitted discharge of mining tailings, discharge that exceeded the cadmium effluent limits as specified in its individual permit, and inadequate implementation of its storm water pollution prevention plan. Respondent is also in violation of Section 103(a) of CERCLA, because a release of mine tailings into the environment was not properly reported to the National Response Center.