BY DISCHARGING STORMWATER THAT WAS NOT AUTHORIZED BY AN NPDES PERMIT, DEFENDANTS VIOLATED SECTION 301(a) OF THE CLEAN WATER ACT.
SUPPLEMENTAL REFERRAL ADDING CWA 404 COUNT ADDED ON 7/31/2006. THE 404 ACTION RELATES TO UNPERMITTED AND UNMANAGED STORM WATER FLOWS FROM A SAND & GRAVEL PIT THAT WILL LIKELY BE THE SITE OF AN INDUSTRIAL PARK. THESE FLOWS WERE CAUSING EROSION AND DEPOSTION OF SOLIDS INTO TWO TRIBUTARIES. CIVIL PENALTY DOES NOT INCLUDE THE CONTRIBUTION FROM R.S. AUDLEY. THIS ACTION INCLUDES STREAM RESTORATION WORK THAT IS BEING DONE PURSUANT TO CWA 404 VIOLATIONS.