8/28/2012 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $10,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
COMMENCING ON OR ABOUT MAY 2011, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO THE TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH STREAM CHANNELIZATION ACTIVITIES.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 400 LINEAR FEET OF THE HEADWATERS OF ANNEEWAKEE CREEK IS A TRIBUTARY OF THE CHATTAHOOCHEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES.
THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATEIAL DEPOSITED AT THE DISCHARGE AREA, ARE POLLUTANTS AS DEFINED UNDER SECTION 502(6) OF THE CWA, 33 U.S.C. SECTION 1362(6).
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF 301(a) OF THE CWA.