Common use of STATUTORY AND REGULATORY AUTHORITY Clause in Contracts

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (“CWA” or “Act), 33 U.S.C. § 1319(g), the Administrator of the United States Environmental Protection Agency (“EPA”) is authorized to assess administrative penalties against persons who violate Section 301(a) of the Act, id. § 1311(a). The Administrator has delegated this authority to the Regional Administrator of EPA Region III, who in turn has delegated this authority to the Director, Water Protection Division (“Complainant”). 2. This Consent Agreement is entered into by the Complainant and Vico Construction Corporation (“Respondent” or “Vico”), pursuant to Section 309(g) of the CWA and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits (“Consolidated Rules”), 40 C.F.R. Part 22. 3. The Consolidated Rules, at 40 C.F.R.§ 22.13(b) provide in pertinent part that where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding simultaneously may be commenced and concluded by the issuance of a consent agreement and final order pursuant to 40 C.F.R. § 22.18(b)(2) and (3). Pursuant thereto, this Consent Agreement and Final Order (“CAFO”) simultaneously commence and conclude this administrative proceeding against Respondent. 4. Section 309(g)(2)(B) of the Clean Water Act, 33 U.S.C. § 1319(g)(2)(B), authorizes the assessment of administrative penalties against any person who violates any NPDES permit condition or limitation in an amount not to exceed $10,000 per day for each day of violation, up to a total penalty amount of $125,000. 5. Pursuant to the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and Section 309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), any person who has violated any NPDES permit condition or limitation for violations that occurred between Dec. 6, 2013 and July 1, 2016 will be assessed at a penalty rate of $16,000 per each day of violation up to a total penalty amount of $187,500. Assessments made on or after August 1, 2016 will result in an administrative penalty of $20,628 per each day of violation up to a total penalty amount of $257,848. 6. Pursuant to Section 309(g)(4)(A) of the Act, 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is providing public notice and an opportunity to comment on the Consent Agreement prior to issuing the Final Order. In addition, pursuant to Section 309(g)(1)(A), EPA has consulted with the Virginia Department of Environmental Quality (“VADEQ”) regarding this action, and will mail a copy of this document to the appropriate VADEQ official. 7. Section 301(a) of the Act, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant (other than dredged or fill material) from a point source into waters of the United States except in compliance with a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) program under Section 402 of the Act, 33 U.S.C. § 1342. 8. Federal regulations promulgated pursuant to the CWA define the phrase “waters of the United States” to include, among other things, (i) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (ii) all interstate waters; (iii) all other waters such as intrastate lakes, rivers and streams, including intermittent streams, the use, degradation, or destruction of which would or could affect interstate commerce; (iv) tributaries of waters of the United States, and (v) all waters adjacent to these waters. 40 C.F.R. § 122.2. 9. “Discharge of a pollutant” includes “any addition of any pollutant or combination of pollutants to waters of the United States from any point source.” 40 C.F.R. § 122.2. 10. Section 402(p) of the CWA, 33 U.S.C. § 1342(p), and 40 C.F.R. §§ 122.2 and 122.26 provide that storm water discharges are “point sources” subject to NPDES permitting requirements under section 402(a) of the CWA, 33 U.S.C. § 1342(a).

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (“CWA” or “Act), 33 U.S.C. § 1319(g), the Administrator of the United States Environmental Protection Agency (“EPA”) is authorized to assess administrative penalties against persons who violate Section 301(a) of the Act, id. § 1311(a). The Administrator has delegated this authority to the Regional Administrator of EPA Region III, who in turn has delegated this authority to the Director, Water Protection Division (“Complainant”). 2. This Consent Agreement is entered into by the Complainant and Vico Construction Corporation the City of ▇▇▇▇▇▇-▇▇▇▇▇, Pennsylvania (“▇▇▇▇▇▇-▇▇▇▇▇ or Respondent” or “Vico”), pursuant to Section 309(g) of the CWA and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits (“Consolidated Rules”), 40 C.F.R. Part 22. 3. The Consolidated Rules, at 40 C.F.R.§ 22.13(b) provide in pertinent part that where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may simultaneously may be commenced and concluded by the issuance of a consent agreement and final order pursuant to 40 C.F.R. § 22.18(b)(2) and (3). Pursuant thereto, this Consent Agreement and Final Order (“CAFO”) simultaneously commence commences and conclude concludes this administrative proceeding against Respondent. 4. Section 309(g)(2)(B309(g)(2)(A) of the Clean Water Act, 33 U.S.C. § 1319(g)(2)(B1319(g)(2)(A), authorizes the assessment of administrative penalties against any person who violates any NPDES permit condition or limitation in an amount not to exceed $10,000 per day for each day of violation, up to a total penalty amount of $125,00025,000. 5. Pursuant to the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and Section 309(g)(2)(B309(g)(2)(A) of the Act, 33 U.S.C. § 1319(g)(2)(B1319(g)(2)(A), any person who has violated any NPDES permit condition or limitation between January 12, 2009 up to and through the present is liable for violations that occurred between Dec. 6, 2013 and July 1, 2016 will be assessed at a an administrative penalty rate of not to exceed $16,000 per day for each day of violation up to a total penalty amount of $187,500. Assessments made on or after August 1, 2016 will result in an administrative penalty of $20,628 per each day of violation up to a total penalty amount of $257,84837,500. 6. Pursuant to Section 309(g)(4)(A) of the Act, 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is providing public notice and an opportunity to comment on the Consent Agreement prior to issuing the Final Order. In addition, pursuant to Section 309(g)(1)(A), EPA has consulted with the Virginia Pennsylvania Department of Environmental Quality Protection (“VADEQ”PADEP) regarding this action, and will mail a copy of this document to the appropriate VADEQ PADEP official. 7. Section 301(a) of the Act, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant (other than dredged or fill material) from a point source into waters of the United States except in compliance with a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) program under Section 402 of the Act, 33 U.S.C. § 1342. 8. Federal regulations promulgated pursuant Section 402(a) of the Act, 33 U.S.C. § 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of any pollutant from a point source to the CWA define the phrase “waters of the United States” to include, among other things, (i) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which . The discharges are subject to specific terms and conditions as prescribed in the ebb and flow permit. Section 402(b) of the tide; (iiAct, 33 U.S. C. §1342(b) all interstate waters; (iii) all other waters such as intrastate lakes, rivers and streams, including intermittent streams, provides that the use, degradation, or destruction of which would or could affect interstate commerce; (iv) tributaries of waters of the United States, and (v) all waters adjacent Administrator may authorize a state to these waters. 40 C.F.R. § 122.2issue NPDES permit. 9. “Discharge of a pollutant” includes “any addition of any pollutant or combination of pollutants to waters of the United States from any point source.” 40 C.F.R. § 122.2. 10. Section 402(p) of the CWA, 33 U.S.C. § 1342(p), and 40 C.F.R. §§ 122.2 and 122.26 provide that storm water discharges are “point sources” subject to NPDES permitting requirements under section 402(a) of the CWA, 33 U.S.C. § 1342(a).

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (“CWA” or “Act), 33 U.S.C. § 1319(g), the Administrator of the United States Environmental Protection Agency (“EPA”) is authorized to assess administrative penalties against persons who violate Section 301(a) of the Act, id. § 1311(a). The Administrator has delegated this authority to the Regional Administrator of EPA Region III, who in turn has delegated this authority to the Director, Water Protection Division (“Complainant”). 2. This Consent Agreement is entered into by the Complainant and Vico Construction Corporation Antrim Township, Pennsylvania (“Antrim or Respondent” or “Vico”), pursuant to Section 309(g) of the CWA and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits (“Consolidated Rules”), 40 C.F.R. Part 22. 3. The Consolidated Rules, at 40 C.F.R.§ 22.13(b) provide in pertinent part that where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may simultaneously may be commenced and concluded by the issuance of a consent agreement and final order pursuant to 40 C.F.R. § 22.18(b)(2) and (3). Pursuant thereto, this Consent Agreement and Final Order (“CAFO”) simultaneously commence commences and conclude concludes this administrative proceeding against Respondent. 4. Section 309(g)(2)(B309(g)(2)(A) of the Clean Water Act, 33 U.S.C. § 1319(g)(2)(B), authorizes the assessment of administrative penalties against any person who violates any NPDES permit condition or limitation in an amount not to exceed $10,000 per day for each day of violation, up to a total penalty amount of $125,00025,000. 5. Pursuant to the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and Section 309(g)(2)(B309(g)(2)(A) of the Act, 33 U.S.C. § 1319(g)(2)(B1319(g)(2)(A), any person who has violated any NPDES permit condition or limitation between January 12, 2009 through November 2, 2015 is liable for violations that occurred between Dec. 6, 2013 and July 1, 2016 will be assessed at a an administrative penalty rate of not to exceed $16,000 per day for each day of violation up to a total penalty amount of $187,500. Assessments made on or 37,500, and for violations which occurred after November 2, 2015, and which are assessed after August 1, 2016 will result in 2016, an administrative penalty of not to exceed $20,628 per day for each day of violation violation, up to a total penalty amount of $257,84851,570. 6. Pursuant to Section 309(g)(4)(A) of the Act, 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is providing public notice and an opportunity to comment on the Consent Agreement prior to issuing the Final Order. In addition, pursuant to Section 309(g)(1)(A), EPA has consulted with the Virginia Pennsylvania Department of Environmental Quality Protection (“VADEQ”PADEP) regarding this action, and will mail a copy of this document to the appropriate VADEQ PADEP official. 7. Section 301(a) of the Act, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant (other than dredged or fill material) from a point source into waters of the United States except in compliance with a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) program under Section 402 of the Act, 33 U.S.C. § 1342. 8. Federal regulations promulgated pursuant Section 402(a) of the Act, 33 U.S.C. § 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of any pollutant from a point source to the CWA define the phrase “waters of the United States” to include, among other things, (i) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which . The discharges are subject to specific terms and conditions as prescribed in the ebb and flow permit. Section 402(b) of the tide; (iiAct, 33 U.S. C. §1342(b) all interstate waters; (iii) all other waters such as intrastate lakes, rivers and streams, including intermittent streams, provides that the use, degradation, or destruction of which would or could affect interstate commerce; (iv) tributaries of waters of the United States, and (v) all waters adjacent Administrator may authorize a state to these waters. 40 C.F.R. § 122.2issue NPDES permits. 9. “Discharge of a pollutant” includes “any addition of any pollutant or combination of pollutants Pursuant to waters Section 402(b) of the United States from any point source.” 40 C.F.R. Act, 33 U.S.C. § 122.21342(b), EPA authorized the Commonwealth of Pennsylvania to issue NPDES permits in 1978. 10. Pursuant to Section 402(p402(i) of the CWA, 33 U.S.C. § 1342(p§1342(i), and 40 C.F.R. §§ 122.2 and 122.26 provide that storm water discharges are “point sources” subject EPA retains its authority to take enforcement action within the Commonwealth for NPDES permitting requirements under section 402(a) of the CWA, 33 U.S.C. § 1342(a)permit violations.