8/10/10 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
COMMENCING ON OR ABOUT SEPTEMBER 2005, WITH ADDITIONAL IMPACTS DISCOVERED IN DECEMBER 2009, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF A POND.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM SEPTEMBER 2005 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENTS.
THEREFORE, THE 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, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF UNITED STATES.