20201222 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. DOCKET NUMBER CWA-04-2020-0500
ALLEDGED VIOLATIONS:
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. Section 1362(6). The earth moving machinery employed by the Respondents to deposit the dredged and/or fill material at the Discharge Area are point sources as defined by Section 502(14) of the CWA, 33 U.S.C. Section 1362(14).
At no time during the discharge of dredged and/or fill material into the Discharge Area from June 2014 until December 2016, did the Respondents possess a permit under Section 404 of the CWA, 33 U.S.C. Section 1344, authorizing the discharge of dredged and/or fill material by the Respondents. Therefore, each discharge by the Respondents of pollutants into navigable waters without a permit issued under Section 404 of the CWA, 33 U.S.C. Section 1344, is a violation of Section 301(a) of the CWA, 33 U.S.C. Section 131l (a).
Each day the material discharged by the Respondents remains in waters of the United States without a permit issued under Section 404 of the CWA, 33 U.S.C. Section 1344, constitutes a day of violation of Section 301 of the CWA, 33 U.S.C. Section 1311.
Therefore, the Respondents have violated Section 301 of the CWA, 33 U.S.C. Section1311, by discharging pollutants in to navigable waters without a permit.