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8  <br />  <br /> 44. Unless enjoined, Defendants are likely to continue to discharge dredged or fill <br />material into and/or allow dredged or fill material to remain in waters of the United States <br />at the Site in violation of CWA section 301(a), 33 U.S.C. § 1311(a). <br /> 45. Pursuant to CWA section 309, 33 U.S.C. § 1319, and 40 C.F.R. Part 19, <br />Defendants are liable for injunctive relief and civil penalties of up to $37,500 per day per <br />violation for violations committed after January 12, 2009. <br />SECOND CLAIM FOR RELIEF <br />(Violation of Compliance Order) <br /> <br /> 46. Plaintiff United States repeats and realleges the allegations set forth in <br />Paragraphs 1 through 45 above. <br /> 47. On April 1, 2012, EPA issued the 2012 Compliance Order to Defendants and <br />served it on Defendants on or about that date. <br /> 48. On August 1, 2014, EPA issued a notice of violation of the 2012 Compliance <br />Order to Defendants, stating that Defendants had not finalized a required restoration and <br />compliance plan to address the original violations set forth in the 2012 Compliance Order <br />in response to comments from EPA and the Corps of Engineers, and stating that Defendants <br />had made additional unpermitted discharges of dredged and fill material into waters of the <br />United States since the date of the 2012 Compliance Order. The notice of violation directed <br />Defendants to comply with the 2012 Compliance Order. <br /> 49. The 2012 Compliance Order specified certain actions that Defendants were <br />required to complete in order to come into compliance with the Clean Water Act. <br /> 50. Defendants did not comply with certain requirements of the 2012 Compliance <br />Order. <br />Case 1:16-cv-02008-WYD Document 1 Filed 08/08/16 USDC Colorado Page 8 of 10