3/26/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT NOT TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM ON OR ABOUT MAY 15, 2007, TO ON OR ABOUT MAY 30, 2012, DID RESPONDENT POSSESS A PERMIT AUTHORIZATION UNDER SECTION 404 OF THE CWA, ALLOWING THE ACTIVITIES PERFORMED BY RESPONDENT.
THE UNAUTHORIZED DISCHARGES HAVE, THEREFORE, BEEN MADE IN VIOLATION OF SECTION 301(a) OF THE CWA.
EACH DISCHARGE BY RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a).