12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE FROM MARCH, 2008, TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THERFORE RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL AS DEFINED BY 40 CFR SECTION 232., INTO THE WATERS OF THE U.S.
B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE LISTED BELOW WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENTS ARE DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE LISTED BELOW.
C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZ