9/29/2020 - CAFO ISSUED, ASSESSING A PENALTY OF $14,500, DUE WITHIN 30 DAYS.
Commencing in approximately the years 2008 or 2009, and continuing through
the year 2014, Respondent discharged dredged and/or fill material into jurisdictional waters on
the Site using earth moving machinery during activities associated with the construction of a
recreational pond. To date, the unauthorized dredge and/or fill material remains in waters of the
United States.
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17. The parties have signed four Tolling Agreements, effective November 5, 2018,
April 5, 2019, February 15, 2020, and August 15, 2020, resulting in a combined tolling of the
limitations period of twenty-one (21) months.
18. The discharged dredged and/or fill material, including earthen material, deposited
at the Discharge Area are ?pollutants? as defined by Section 502(6) of the CWA, 33 U.S.C. ?
1362(6).
19. The earth moving machinery employed by Respondent to deposit the dredged
and/or fill material at the Discharge Area is a ?point source? as defined by Section 502(14) of the
CWA, 33 U.S.C. ? 1362(14).
20. Respondent?s placement of the dredged and/or fill material at the Discharge Area
constitutes a ?discharge of pollutants? as defined by Section 502(12) of the CWA, 33 U.S.C. ?
1362(12).
21. At no time during the discharge of dredged and/or fill material at the Discharge
Area did Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344,
authorizing the activities he performed.