12/15/05 - FINDINGS OF VIOLATION AND ORDER ON CONSENT FOR COMPLIANCE ISSUED. BASED UPON SITE INSPECTIONS CONDUCTED ON APRIL 4 AND SPTEMBER 22, 2005, BY REPRESENTATIVES FROM EPA AND INFORMATION PROVIDED TO EPA BY THE U.S. ARMY CORPS OF ENGINEERS AND THE RESPONDENT, EPA HAS DETERMINED THAT RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPONDENT, HAVE DISCHARGED, OR CAUSED TO DISCHARGE, POLLUTANTS INTO WATERS OF THE U.S. DURING THE DISPOSAL OF CONSTRUCTION DISBRIS WITHOUT A SECTION 404 PERMIT.
THE POLLUTANTS, INCLUDING CONCRETE AND EARTHEN MATERIAL, WERE DISCHARGED INTO 0.08 ACRES OF WATERS OF THE U.S. USING A BULLDOZER, TRACK HOE AND DUMP TRUCKS.
RESPONDENT AGREES TO THE FOLLOWING:
REMOVE THE DISCHARGED CONCRETE AND EARTHEN MATERIAL 12 FEEL LANDWARD OF THE TOE OF THE FILL. RESTORATION OF THE SITE SHALL BE COMPLETE BY JANUARY 31, 2006.
WITHIN 7 DAYS OF SITE RESTORATION, RESPONDENT SHALL NOTIFY EPA THAT THE SITE IS RESTORED.
RESPONDENT SHALL ENSURE THAT ANY REMOVED MATERIAL SHALL NOT BE DEPOSITED IN A WATER OF THE U.S., INCLUDING ANY WATERS OF THE U.S. THAT CONTAIN JURISDICTIONAL WETLANDS.