Respondent operates a twenty (20) acre industrial Facility located at 1 Fish House Road in Kearny, New Jersey. The Respondent conducts industrial activity under SIC Code 3295 (Minerals, Ground or Treated), and therefore, are regulated under 40 C.F.R. §122.26 and the NJPDES Industrial permits. Stormwater from the Facility discharges to the Hackensack River via a sedimentation pond and associated outfall pipe. The Respondent failed to obtain coverage under the NJPDES Basic Industrial Stormwater General Permit NJ0088315 (5G2) or an individual NJPDES permit for stormwater discharges associated with industrial activity, as required by Sections 301 and 402(p) of the CWA.