9/27/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $28,000. RESPONDENT SHALL MAKE THREE INSTALLMENT PAYMENTS. THE FIRST INSTALLMENT PAYMENT OF $9,334 IS DUE WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE CAFO AND THE LAST INSTALLMENT PAYMENT OF $9,555 IS DUE WITH 180 DAYS OF THE EFFECTIVE DATE OF THE.
ORDER ALLEGES:
COMMENCING ON OR ABOUT SEPTEMBER 2014 TO THE PRESENT, RESPONDENTS, OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM SEPTEMBER 2014, UNTIL THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA., AUTHORIZING THE ACTIVITIES TO BE PERFORMED.
EACH DISCHARGE BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED BY SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.
EACH DAY THE MATERIAL DISCHARGED BY RESPONDENTS REMAINED IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT BY SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.