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ENFORCE26318
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ENFORCE26318
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Entry Properties
Last modified
8/24/2016 7:34:18 PM
Creation date
11/21/2007 11:16:49 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1997058
IBM Index Class Name
Enforcement
Doc Date
3/15/2000
Doc Name
FINDINGS OF VIOLATION & ORDER FOR COMPLIANCE DOCKET CWA-8-99-23
From
US EPA
To
HALL-IRWIN CO PETER BAUERR CINDY BAURER CARL EIBERGER JEFFREY W SCHWARZ
Media Type
D
Archive
No
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<br />Enclosed is a U.S. Environmental Protection Agency Administrative Order ("Order"), <br />pursuant to Sections 308(a) and 309(a)(3) 33 U.S.C. §§ 1318(a) and 1319(a)(3), which specifies <br />the nature of the violations and describes actions necessary in order for Hall-Irwin to come into <br />and remain in compliance with the CWA. This Order requires Hall-Irwin to immediately cease <br />any further unauthorized discharges and to obtain prior written authorization from the Corps for <br />any proposed activities requiring a Section 404 permit. In addition ,the Order requrres submittal <br />of a hydrologic and wetlands impact analysis. Please see the Order itself for the details of these <br />and other requirements. The owners of the property need to ensure that access to the property by <br />Hall-Irwin will be allowed. <br />The enclosed Order requires Hall-Irwin to inform EPA in writing within five days whether <br />Hall-Irwin intends to comply with this Order. <br />The authority for EPA's action is provided under Section 309(a)(3) of the CWA, see 33 <br />U.S.C. Section 1319(a)(3). <br />Please review the Order carefully. All questions which are technical in nature should be <br />directed to Barbara Conklin at 303/312-6407. Questions which aze legal in nature should be <br />directed to Elyana Sutin, Senior Enforcement Attorney, at 303/312-6899. <br />The Clean Water Act requires the Administrator of EPA to take all appropriate <br />enforcement action necessary to secure prompt compliance with the CWA and any Order issued <br />thereunder. Section 309 of the CWA provides a variety of possible enforcement actions, <br />including filing of a civil or criminal action, administrative penalty action, and/or pursuant to the <br />CWA ,Section 508, 33 U.S.C. Section 1368, debarment from Federal contracts and/or loans <br />where a convicted offense under Section 1319(c) of the CWA occurred. <br />Please be advised that the issuance of this Order does not preclude civil or criminal actions <br />in the U.S. District Court pursuant to Sections 309(b) or (c) of the CWA, or assessment of civil <br />penalties pursuant to Sections 309(d) or (g) of the CWA for the violations cited herein. <br />Sincerely, <br />Diane L. Sipe <br />Director <br />Technical Enforcement Program <br />Office of Enforcement, Compliance <br />and Environmental Justice <br />Enclosure <br />Printed on ReCyded Paper <br />
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