An administrative penalty complaint was issued to Tri-County Builders Supply for violations of the CWA and 40 CFR 503 resulting from the over-application of sludge to land. The complaint sought the maximum penalty allowed (Notice Pleading). A hearing was held by the Administrative Law Judge (ALJ) in November 2001. On May 19, 2003, the ALJ issued a decision favorable to EPA, finding liability and assesing a penalty in the amount of $59,591. The Respondent submitted an appeal brief to the Regional Hearing Clerk and counsel for EPA but failed to file a timely appeal with the Environmental Appeals Board. On May 24, 2004, the EPA Environmental Appeals Board (EAB) issued an order dismissing Respondent���s appeal, which thereby confirmed the administrative penalty established by the ALJ in the amount of $59,5