9/26/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,350. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 4.6 ACRES OF JURISDICTIONAL WETLANDS THAT ADJACENT TO THE LITTLE BLUFF CREEK, WHICH IS A TRIBUTARY TO THE BLUFF RIVER, A NAVIGABLE WATER OF THE UNITED STATES. RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA CONSTITUES A DISCHARGE OF POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502(12), 33 U.S.C. SECTION 1362(12). AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.
RESPONDENT VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.