Respondent is in violation of Sections 301 and 402 of the Act, 33 U.S.C. 1311 and 33 U.S.C. 1342, respectively, by discharging pollutants into the MS4 which discharges into the Atlantic Ocean, through storm water runoff associated with construction activities, without a NPDES storm water permit required pursuant to Section 402 of the Act.