1/26/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $25,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA MAY 5, 2015, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UMDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.
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, CONSTITUTES A DAY VIOLATION SECTION 301 OF THE CWA.
THEREFORE, THE RESPONDENTS HAS VIOLATED SECTION 301 OF THE CWA, DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA.