6/12/19 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM FEBRUARY 1, 2018 UNTIL JUNE 13, 2018, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. EACH DISCHARGE BY 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 RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.
THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.