This is a Class II civil administrative penalty proceeding under Section 309(g)(1)(A) and (2)(B) of the Clean Water Act (CWA), 33 U.S.C. subsection 1319(g)(1)(A) and (2)(B), and 40 C.F.R. Part 22 (Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits). This Consent Agreement and Final Order (CA/FO), which contains the elements of a complaint required by 40 C.F.R. subsection 22.14(a), simultaneously commences and concludes this penalty proceeding, as authorized by 40 C.F.R. Subsection 22.13(b) and 22.18(b)(2) and (3). In consideration of the penalty factors of Section 309(g) of the CWA, 33 U.S.C. ? 1319(g), Respondent agrees to pay a civil penalty in the amount of thirty-five thousand dollars ($35,000) within thirty (30) days after the date the Final Order ratifying this Consent Agreement is filed with the Regional Hearing Clerk.