THIS REFERRAL IS LODGED TO OBTAIN COMPLIANCE AND TO ADDRESS THE ENVIRONMENTAL HARM CAUSED BY EMULSIFIED. THIS FACILITY INITIALLY VIOLATED THE CWA IN MARCH, APRIL AND MAY OF 1991 WHEN IT DIRECTED FISHER SAND & GRAVEL, ITS CONTRACTOR, TO DISCHARGE DREDGED AND FILL MATERIAL INTO DEER CREEK. THE WORK HAD NOT BEEN AUTHORIZED BY A PERMIT. IN MARCH, 1996, EPA FILED AN AO AGAINST EMULSIFIED, ORDERING REMOVAL OF THE ILLEGAL DREDGED AND FILL MATERIAL AND RESTORATION OF THE SITE. EMULSIFIED FAILED TO COMPLY WITH THE AO AND ALL FURTHER EFFORTS BY THE REGION TO BRING EMULSIFIED INTO COMPLIANCE HAVE FAILED. THE PROPOSED PENALTY IS $500,000.