8/9/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM SEPT 2012 TO MARCH 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES DISCHARGED TO LOCKS CREEK, A TRIBUTARY OF THE CAPE FEAR RIVER. THE CAPE FEAR RIVER IS TRADITIONALLY NAVIGABLE WATER OF THE U.S. AS DEFINED BY SECTION 502(7) OF THE CWA AND ITS IMPLEMENTING REGS AT 40 CFR 122.2. THIS DISCHARGE OCCURRED WHILE THE FACILITY WAS IN VIOLATION OF THE PERMIT.
THEREFORE, RESPONDENT HAS VIOLATED CWA 301.