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3  <br />  <br /> 9. At all times relevant to the Complaint, the Defendants owned, leased, and/or <br />otherwise controlled the real property that is the subject of this Complaint and/or <br />otherwise controlled the activities that occurred on such property. <br />STATUTORY BACKGROUND <br /> 10. CWA section 301(a), 33 U.S.C. § 1311(a), prohibits the discharge of pollutants <br />into navigable waters except in compliance with, inter alia, a permit issued pursuant to <br />CWA section 404, 33 U.S.C. § 1344. <br /> 11. CWA section 404(a), 33 U.S.C. § 1344(a), authorizes the Secretary of the Army, <br />acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill <br />material into navigable waters at specified disposal sites, after notice and opportunity for <br />public comment. <br /> 12. CWA section 502(12), 33 U.S.C. § 1362(12), defines “discharge of a pollutant” to <br />include “any addition of any pollutant to navigable waters from any point source.” <br /> 13. CWA section 502(6), 33 U.S.C. § 1362(6), defines “pollutant” to include, inter <br />alia, dredged spoil, rock, sand, and cellar dirt. <br /> 14. CWA section 502(7), 33 U.S.C. § 1362(7), defines “navigable waters” as “the <br />waters of the United States, including the territorial seas.” <br /> 15. Regulations codified at 33 C.F.R. § 328.3(a)(1), (2), (5), and (7), and 40 C.F.R. § <br />232.2, define “waters of the United States” to include: (a) all waters which are currently <br />used, were used in the past, or may be susceptible to use in interstate or foreign commerce; <br />(b) all interstate waters; (c) tributaries to such waters; and (d) wetlands adjacent to such <br />waters or their tributaries. <br />Case 1:16-cv-02008-WYD Document 1 Filed 08/08/16 USDC Colorado Page 3 of 10