5/8/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM DATE OF DISCOVERY(OCTOBER 11, 2007, BY THE US EPA) TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 404.
ORDER REQUIRES:
A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATER OF THE US.
B. WITHIN FORTY-EIGHT HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S 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.
C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; B) RESTORE APPROXIMATELY 400 LINEAR FEET OF THE UNNAMED TRIBUTARY, C) RESTORE HYDROLOGY TO THE SITE, AND D) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS.
D. IF EPA PROVIDES C