2/26/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL AT THE DISCHARGE AREA FROM DECEMBER 2009 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA.
THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF THE UNITED STATES.
B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE LISTED BELOW WHETHER OR NOT THE RESPONDENT INTENS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE LISTED BELOW.
C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAG