FOLLOWING AN INSPECTION OF THE CONSTRUCTION SITE, EPA FOUND RESPONDENT IN VIOLATION OF SECTION 301 AND 402 OF THE CLEAN WATER ACT FOR FAILURE TO APPLY FOR AND OBTAIN NPDES PERMIT COVERAGE, AND FOR DISCHARGING POLLUTANTS WITHOUT A NPDES PERMIT. ON APRIL 11, 2013, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER, DOCKET NUMBER CWA-02-2013-3114, AGAINST THE RESPONDENT AND OWNER OF THE PROJECT. ON DECEMBER 6, 2016, EPA ISSUED AN ADMINISTRATIVE PENALTY ORDER UNDER SECTION 309(G) OF THE CLEAN WATER ACT AGAINST RESPONDENT FOR: (1) FAILURE TO APPLY FOR A NPDES PERMIT; (2) DISCHARGES OF POLLUTANTS FROM THE PROJECT INTO A WATER OF THE US WITHOUT A NPDES PERMIT; AND (3) NON-COMPLIANCE WITH THE NPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITY UPON OBTAINING PERMIT COVERAGE.