6/25/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT OCTOBER 10, 2006, 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 AND/OR THOSE ACTING ON HIS BEHALF.
EACH DISCHARGE BY THE RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a).
ORDER REQUIRES:
WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AOC, THE RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS ( CORPS ) FOR AFTER-THE-FACT PERMIT AUTHORIZATION FOR APPROXIMATELY 700 LINEAR FEET OF FILL MATERIAL TO REMAIN IN TOWN CREEK.
RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO THE EPA WITHIN TEN DAYS OF SUBMITTAL OF SUCH TO THE CORPS.
THE EPA SHALL BE PROVIDED WITH A COPY OF THE CORPS' PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 30 DAYS OF ISSUANCE.
IF THE RESPONDENT DOES NOT RECEIVE PERMIT AUTHORIZATION FROM THE CORPS WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THIS AOC, OR IF PERMIT AUTHORIZATION IS OBTAINED, BUT LATER REVOKED BY THE CORPS, THE RESPONDENT SHALL: 1) PROVIDE A SITE RESTORATION PLAN TO THE EPA FOR REVIEW AND APPROVAL WITHIN 30 DAYS OF