MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Riverkeeper, Inc. brings this action against Defendant Hudson Wholesalers Restaurant Equipment1 alleging violations of the Federal Water Pollution Control Act, commonly known as the Clean Water Act (“CWA”), 33 U.S.C. §1251 et seq. (Dkt. No. 1). Presently before the Court is Plaintiff’s motion to amend the Complaint. (Dkt. No. 19). Defendant opposes amendment and cross-moves to dismiss and/or for judgment on the pleadings pursuant to Rules 12(b)(1), 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure. (Dkt. No. 24). The parties have also submitted response and reply papers to their respective motions, as well as supplemental briefs at the direction of the Court. (Dkt. Nos. 31, 35, 42-43). For the following reasons, Plaintiff’s motion is denied and Defendant’s motion is granted. II. BACKGROUND A. Legal Framework “Congress passed the Clean Water Act in 1972 to ‘restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.’” Decker v. Nw. Envtl. Def. Ctr., 568 U.S. 597, 602 (2013) (quoting 33 U.S.C. §1251(a)). “A central provision of the Act is its requirement that individuals, corporations, and governments secure National Pollutant Discharge Elimination System (‘NPDES’) permits before discharging pollution from any point source into the navigable waters of the United States.” Id. (citing 33 U.S.C. §1311(a)). “To that end, Section 301(a) of the CWA prohibits anyone from discharging any pollutant, ‘[e]xcept as in compliance with’ particular sections of the Act, including 33 U.S.C. §1342.…Outside of these allowances, ‘the discharge of any pollutant by any person shall be unlawful.’” Soundkeeper, Inc. v. A & B Auto Salvage, Inc., 19 F. Supp. 3d 426, 431 (D. Conn. 2014) (quoting Decker, 568 U.S. at 601) (internal citation omitted). The CWA gives the Environmental Protection Agency (“EPA”) authority to issue NPDES permits and to delegate permit granting authority to States that establish their own State Pollutant Discharge Elimination System (“SPDES”). See 33 U.S.C. §1342(b). B. Facts2 Defendant owns and operates a facility located at 1210 Berme Road in Kerhonkson, New York. (Dkt. No. 19-1,
3, 42). The facility includes an enclosed 4,500 square foot woodworking shop where Defendant produces custom wood pieces and engages in furniture repair; the facility also includes a 3,000 square foot marble and granite shop. (Id., 4). Outside the facility, Defendant stores several pieces of woodworking and kitchen equipment and other materials, residuals, products, and refuse associated with past or present industrial activity. (Id.). Other items stored outdoors include a pile of tires and a refuse pile; there are three oil tanks on site with one in operation. (Id., 45). Defendant’s facility is located approximately 75 feet from Mine Hole Brook. (Id., 13). Plaintiff Riverkeeper, Inc. is a not-for-profit environmental organization whose mission includes “safeguarding the ecological and biological integrity of the Hudson River and its tributaries.” (Id.). Riverkeeper has more than 3,000 members, many of whom “reside near and/or use” and enjoy the Hudson River and its tributaries, including the Mine Hole Brook, which discharges into Rondout Creek. (Id.). Plaintiff alleges that stormwater polluted by Defendant flows into these waters. (Id., 54). Plaintiff further alleges that “water quality in the Hudson River and its tributaries directly affects the health, recreational, aesthetic, commercial, and environmental interests of Riverkeeper’s members.” (Id.). On January 27, 2022, Plaintiff sent to Defendant a Notice of Violation and Intent to File Suit under the CWA. (Dkt. No. 19-5). In general, Plaintiff stated that it intended to take legal action because Defendant “is discharging polluted stormwater from its facility, located at 1210 Berme Road, Kerhonkson, NY…to Mine Hole Brook, which discharges into Rondout Creek — a water of the United States — without a CWA permit.” (Id., at 3). Plaintiff claimed that Defendant stores uncovered materials outdoors on its property, “which when exposed to stormwater, discharges pollutants to waters of the U.S.” (Id.). On February 23, 2022, officials from the New York State Department of Environmental Conservation (“DEC”) visited the facility; the DEC determined that the facility required a Multi-Sector General Permit for Stormwater Discharges Associated with General Activity (“MSG Permit”). (Dkt. No. 19-1,
