The EPA promulgated stormwater regulations in 1990 and 1999, in response to 1987 amendments to the Clean Water Act (CWA). On March 6, 2012, the EPA inspectors conducted a site visit of On the Hill (the site), which is owned and operated by Alan Kruckenberg Construction, Inc. (AKC), as part of an inspection of the Salt Lake County MS4 program. At that time, the site did not have a discharge permit. As a follow-up to the site visit, on April 23, 2012, the EPA sent AKC a letter of violation indicating the finding that the site was not covered under the permit and requested additional information. On May 21, 2012, AKC submitted a notice of intent (NOI) to the state of Utah Division of Water Quality (DWQ). In a letter dated May 21, 2012, AKC sent to the EPA a copy of the NOI, stormwater pollution prevention plant (SWPPP) and photos of the storm water controls at the site. The SWPPP did not meet the requirements of the permit, and an updated SWPPP was requested in a June 13, 2012 letter from EPA to AKC. No updated SWPPP has been received by the EPA. On August 22, 2012, EPA and DWQ inspectors conducted a storm water inspection at the site to determine compliance with the permit. On October 22, 2012, the EPA sent AKC an inspection report requesting among other items an updated SWPPP that met the requirements of the permit. The SWPPP had not been updated since 2008; a SWPPP revision documentation form in the SWPPP does not indicate any modifications have ever been made. There were se