6/1/2009 - 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 (DECEMBER 2008, BY THE U.S. ARMY CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.
ORDER REQUIRES:
IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE AND DESIST PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF THE U.S.