9/21/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM FEBRUARY 2005 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 u.s.c section 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY RESPONENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a).