4/22/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JULY 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
ORDER REQUIRES: IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OR ANY DREDGED' OR FILL MATERIAL , AS DEFINED BY 40 C.F.R. SECTION 232.2, INTO WATERS OF THE U.S.
B. WITHIN FORTY-EIGHT (48) HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE LISTED WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT' COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE LISTED.
C. WITHIN THIRTY (30) DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL.
D. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATIION PLAN WITHIN THIRTY (30) DAYS OF RECEIVING EPA COMMENTS.
E. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN THIRTY DAYS OF EPA'S APPROVAL OF THE PLAN.