ELR Citation: ELR 20002
No(s). 08-2819 (8th Cir. Dec 28, 2009)

The Eighth Circuit reversed an EPA Environmental Appeals Board order imposing a $35,640 civil penalty against a construction site owner for failing to submit a stormwater permit application in a timely manner. Specifically, EPA sought a civil penalty from the owner for failing to apply for a permit before commencing construction at the site and for failing to comply with the permit's terms once it was issued. Although the owner conceded that it was subject to a penalty for certain discharges and permit violations after the permit was issued, it argued that the failure to apply for a permit prior to construction did not violate CWA §308(a) and, as such, could not be the basis for a civil penalty under §309(g)(1). The court agreed, finding that the owner's failure to comply with EPA's permit regulations, which required the owner to submit a permit application before any discharge, could not be a violation of §308(a) since that provision only applies to