OPINION AND ORDER Plaintiffs Mid-New York Environmental and Sustainability Promotion Committee, Inc., doing business as NYenvironcom; Robert Majcher; Grace Woodard; and Alex Scilla bring this citizen suit under the Clean Water Act (“CWA”), 33 U.S.C. §1365(a), against defendant Dragon Springs Buddhist, Inc., alleging defendant has contaminated the surrounding waterways with impermissible levels of fecal coliform bacteria. Plaintiffs assert claims under the CWA and state law. Now pending is defendant’s motion to dismiss the amended complaint pursuant to Rules 12(b)(1) and 12(b)(6). (Doc. #17). For the following reasons, the motion is GRANTED. BACKGROUND I. Statutory Framework Section 1311(a) of the CWA prohibits “the discharge of any pollutant by any person,” “except as in compliance” with certain provisions of the CWA. 33 U.S.C. §1311(a). The CWA “establishes a permitting program,” called the National Pollutant Discharge Elimination System (“NPDES”), which “provides for the issuance of discharge permits (‘NPDES permits’) that allow the holder to discharge pollutants at levels below thresholds incorporated in the permit.” Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York, 273 F.3d 481, 486 (2d Cir. 2001) (citing 33 U.S.C. §1342).1 “In New York, the NPDES program is administered by [the New York State Department of Environmental Conservation (the "NYSDEC")] and referred to as the State Pollution Discharge Elimination System (‘SPDES’).” Catskill Mountains of Trout Unlimited, Inc. v. City of New York, 273 F.3d at 486; see N.Y. Envtl. Conserv. Law §§17-0105(13), 17-0701. SPDES issues general permits that govern certain categories of regulated discharges, such as storm water or wastewater. See N.Y. Comp. Codes R. & Regs. tit. 6, §750-1.21(d); City of Newburgh v. Sarna, 690 F. Supp. 2d 136, 141 (S.D.N.Y. 2010), aff’d, 406 F. App’x 557 (2d Cir. 2011) (summary order). To discharge pollutants pursuant to a general permit, an existing or proposed discharger notifies the NYSDEC of its intent to be covered by the permit. CARS (Citizens Against Retail Sprawl) v. U.S. Army Corps of Eng’rs, 2005 WL 3534178, at *4 (W.D.N.Y. Dec. 23, 2005). The NYSDEC may require a discharger to obtain an individual SPDES permit or apply for authorization under another general permit. N.Y. Comp. Codes R. & Regs. tit. 6, §750-1.21(e). The CWA authorizes aggrieved citizens to bring civil actions to enforce certain of the Act’s requirements, including Section 1311(a), against alleged violators. See 33 U.S.C. §1365(a) (“[A]ny citizen may commence a civil action on his own behalf…against any person…who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation.”). However, at least sixty days before commencing an action, the prospective plaintiff must provide notice of the alleged violation, also known as a notice of intent, to the potential defendants, the United States Environmental Protection Agency (“EPA”), and the state in which the violation allegedly occurred. See 33 U.S.C. §1365(b). II. Factual Background For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the complaint and draws all reasonable inferences in plaintiff’s favor, as summarized below. However, to the extent there are disputed factual issues concerning the Court’s jurisdiction, the Court refers to evidence outside the pleadings. Defendant operates a large compound on approximately 393 acres on the Shawangunk Mountain in Deerpark, New York (the “Compound”). The Compound serves as headquarters for the Falun Gong movement2 as well as headquarters for the Shen Yun dance company. Plaintiffs allege the Compound’s northeast side slopes steeply down towards the Basher Kill and the Neversink River. Plaintiffs are a nonprofit sustainability-focused corporation and several individuals who own or use real property near the Compound. The individual plaintiffs are also members of the nonprofit plaintiff. Plaintiffs allege defendant discharged wastewater and storm water containing fecal coliform “well beyond the limits of [defendant's] permits and applicable law” into the Basher Kill and Neversink River, which in turn empty into the Delaware River. (Am. Compl.
