9/6/2011 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER (CACO)ISSUED.
ORDER STATES:
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM 2005 TO JULY 2009, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.
ORDER REQUIRES:
RESPONDENT AGREES TO THE FOLLOWING:
A. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CACO, RESPONDENT SHALL APPLY TO THE COE FOR AUTHORIZATION UNDER NATIONWIDE PERMIT 32 ( NWP 32 ), FOUND AT 72 FEDERAL 1109 (MARCH 12, 2007), FOR APPROXIMATELY TWO ACRES OF FILL MATERIAL TO REMAIN IN PLACE ON THE SITE. RESPONDENT SHALL COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE NWP 32, INCLUDING, BUT NOT LIMITED TO THE IMPLEMENTATION OF THE MITIGATION PLAN.
B. RESPONDENT SHALL PROVIDE TO EPA PROOF OF COVERAGE UNDER NWP 32 WITHIN 10 DAYS OF RECEIPT OF SUCH COVERAGE FROM TEH COE.