9/30/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
AT NOT TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM MARCH 11, 2004, TO PRESENT, DID THE RESPODNET POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER 404 OF THE CWA, 33 SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a).
EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311.
THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.