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Despite these communications, however, no updated plan was submitted to the EPA. Instead, according <br /> to information supplied to this office by the Corps, additional discharges at the Site have occurred, <br /> apparently in conjunction with new road construction. <br /> Based on this information, the EPA has determined that you are in violation of the Order. You must take <br /> immediate action to comply with the Order, submit an updated plan to address the comments the EPA <br /> has provided to you, and, following approval of that plan, perform all work required by it. <br /> As stated in the Order, the CWA authorizes, among other things, civil judicial penalties for violation of <br /> an administrative order, and civil or criminal actions and administrative penalties for violations of the <br /> CWA. Section 309(d) of the CWA, 33 U.S.C. § 1319(d), authorizes civil penalties for violations of <br /> section 301 of the CWA, 33 U.S.C. § 1311, and for violations of orders issued by the EPA pursuant to <br /> section 309(a)of the CWA, 33 U.S.C. § 1319(a). As adjusted for inflation by 40 C.F.R. part 19,the <br /> statutory penalty amounts may be up to $32,500 per day for each violation occurring before <br /> January 12,2009, and$37,500 per day for each violation occurring thereafter. Your violation of the <br /> Order will require the EPA to consider additional enforcement. <br /> If you have any technical questions regarding this matter, the most knowledgeable person on my staff is <br /> Kenneth Champagne, Section 404 Enforcement Officer, who can be reached at 303-312-6608. <br /> Questions from your attorney should be directed to Peggy Livingston, EPA Enforcement Attorney, at <br /> 303-312-6858. <br /> We urge your prompt attention to this matter. <br /> Sincerely, <br /> Eddie A. Sierra <br /> Acting Assistant Regional Administrator <br /> Office of Enforcement, Compliance <br /> and Environmental Justice <br /> cc: Christopher Neumann, Esq. <br /> Kara Hellige, U.S. Army Corps of Engineers <br /> Steve Gunderson, Director, CDPHE <br /> Steve S. Shuey, CDRMS <br /> Dustin Dzapla, CDRMS <br /> Wally Erickson, CDRMS <br /> Victoria Schmidt, La Plata County <br /> Tina Artemis, EPA, 8RC <br />