9/16/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT NO TIME DURING THE DISCHARGE OR DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM APRIL 2009 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTIN 404 OF THE CWA.
EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF CWA.