RESPONDENT FAILED TO COMPLY WITH ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM'S (NPDES) STORM WATER PERMIT.EPA performed an inspection of SmithCoÂs construction site in Fargo, North Dakota, on May 23, 2012. The violations observed at the site include failing to obtain permit coverage prior to site disturbance (resulting in a presumed discharge without a permit), failing to maintain a complete stormwater pollution prevention plan, failing to conduct inspections, and failing to maintain best management practices to in order to minimize discharges of sediment and other pollutants.