Upon consideration, it is ORDERED that the Government's request for relief is DENIED in part and GRANTED in part as detailed supra such that: 1) the Government's request for entry of a permanent injunction against Smith is DENIED; 2) the Government's request for a temporary restorative injunction (the amended restoration plan for the site) against Smith is GRANTED in part as described in Attachment A; 3) the Government's request for compensatory mitigation is DENIED; 4) the Government's request for a $1,500,000 civil penalty is DENIED as to the amount and GRANTED as to a form of relief. Smith is ORDERED to pay, on or before January 1, 2015, a CWA civil penalty of $78,000; and 5) Smith is ORDERED to pay, in annual installments, the cost of the Court's consultant, who will be appointed to monitor compliance with the amended restoration plan (as described in Attachment A).
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