DEFENDANTS HAVE FAILED TO SUBMIT AS REQUIRED BY SECTION 402(P) OF THE CWA A TIMELY AND COMPLETE APPLICATION FOR AN NPDES PERMIT AUTHORIZING DISCHARGES OF STORMWATER FROM THE NEW CASTLE COUNTY MUNICIPAL SEPARATE STORM SEWER SYSTEM MS4). DEFENDANTS HAVE AND CONTINUE TO DISCHARGE POLLUTANTS AND STORMWATER FROM THEIR MS4 WITHOUR AN NPDES PERMIT I VIOL ATION OF SECTION 301 OF THE CWA.