Common use of STATUTORY AUTHORITY Clause in Contracts

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 per day for each day during which the violation continues, up to a maximum penalty of $323,081. See also 88 Fed. Reg. 986 (January 6, 2023) (2023 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx Land, Inc. and Xxxxxxx Xxxxxx (Respondents) agree to issuance of, the Final Order attached to this Consent Agreement.

Appears in 2 contracts

Samples: Consent Agreement, Consent Agreement

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STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 22,584 per day for each day during which the violation continues, up to a maximum penalty of $323,081282,293. See also 88 85 Fed. Reg. 986 83818 (January 6December 23, 20232020) (2023 2021 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx Land, Inc. and Xxxxxxx Xxxxxx Xxxx Xxxxx (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 2 contracts

Samples: Consent Agreement, Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A309(g)(l)(A), 33 U.S.C. § 1319(g)(1)(A1319(g)(l)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 23,989 per day for each day during which the violation continues, up to a maximum penalty of $323,081299,857. See also 88 87 Fed. Reg. 986 1676 (January 612, 20232022) (2023 2022 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A309(g)(l)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A1319(g)(l)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “ofthe "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties," 40 C.F.R. Part 22, EPA issues, and Xxxxxx LandXxxxx Homes, Inc. and Xxxxxxx Xxxxxx LLC (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), the EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 22,584 per day for each day during which the violation continues, up to a maximum penalty of $323,081282,293. See also 88 85 Fed. Reg. 986 83820 (January 6December 23, 20232020) (2023 2021 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section Sections 309(g)(1)(A) and (g)(2)(B309(g)(2)(B), 33 U.S.C. §§ 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx Land, Inc. and Xxxxxxx Xxxx Xxxxxx (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 23,989 per day for each day during which the violation continues, up to a maximum penalty of $323,081299,857. See also 88 87 Fed. Reg. 986 1676 (January 612, 20232022) (2023 2022 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx LandXxxxxxxx Xxx, Inc. individually and Xxxxxxx Xxxxxx in his capacity as Trustee of Bengal Family Trust (Respondents) agree Respondent), agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), the EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 26,685 per day for each day during which the violation continues, up to a maximum penalty of $323,081333,552. See also 88 Fed. Reg. 986 89309 (January 6December 27, 2023) (2023 “2024 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, the EPA issues, and Xxxxxxx Xxxxxx-Xxxxxxxx and Xxxxxx Land, Inc. and Xxxxxxx Xxxxxx (Respondents) agree to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), the EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 26,685 per day for each day during which the violation continues, up to a maximum penalty of $323,081333,552. See also 88 Fed. Reg. 986 89309 (January 6December 27, 2023) (2023 “2024 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, the EPA issues, and Xxxxxx Land, Inc. Stillaguamish Flood Control District and Xxxxxxx Xxxxxx PLE LLC (Respondents) agree to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

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STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 per day for each day during which the violation continues, up to a maximum penalty of $323,081. See also 88 Fed. Reg. 986 (January 6, 2023) (2023 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx Land, Inc. Xxxxxxx Xxxxx and Xxxxxxx Xxxxxx Xxxxx Xxxxx (Respondents) agree to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 22,584 per day for each day during which the violation continues, up to a maximum penalty of $323,081282,293. See also 88 85 Fed. Reg. 986 83820 (January 6December 23, 20232020) (2023 2021 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. §§ 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx LandValley Development, Inc. and Xxxxxxx Xxxxxx (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 per day for each day during which the violation continues, up to a maximum penalty of $323,081. See also 88 Fed. Reg. 986 (January 6, 2023) (2023 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx Land, Inc. and Xxxxxxx Xxxxxx Xxxxxxxx (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

STATUTORY AUTHORITY. 1.1. This Consent Agreement is entered into under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g). 1.2. Pursuant to CWA Section 309(g)(1)(A), 33 U.S.C. § 1319(g)(1)(A), EPA is authorized to assess a civil penalty against any person that has violated CWA Section 301, 33 U.S.C. § 1311. 1.3. CWA Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), authorizes the administrative assessment of Class II civil penalties in an amount not to exceed $10,000 per day for each day during which the violation continues, up to a maximum penalty of $125,000. Pursuant to 40 C.F.R. Part 19, the administrative assessment of Class II civil penalties may not exceed $25,847 23,989 per day for each day during which the violation continues, up to a maximum penalty of $323,081299,857. See also 88 87 Fed. Reg. 986 1676 (January 612, 20232022) (2023 2022 Civil Monetary Penalty Inflation Adjustment Rule). 1.4. Pursuant to CWA Section 309(g)(1)(A) and (g)(2)(B), 33 U.S.C. § 1319(g)(1)(A) and (g)(2)(B), and in accordance with Section 22.18 of the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties,” 40 C.F.R. Part 22, EPA issues, and Xxxxxx LandXxxxx Homes, Inc. and Xxxxxxx Xxxxxx LLC (RespondentsRespondent) agree agrees to issuance of, the Final Order attached to this Consent Agreement.

Appears in 1 contract

Samples: Consent Agreement

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