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R2015-109 AUTHORIZING ADMINISTRATIVE CONSENT ORDER
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R2015-109 AUTHORIZING ADMINISTRATIVE CONSENT ORDER
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Last modified
10/23/2015 8:43:28 AM
Creation date
9/30/2015 8:53:09 AM
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Resolution/Ordinance
Res Ord Num
R2015-109
Res Ord Title
AUTHORIZING ADMINISTRATIVE CONSENT ORDER BETWEEN THE CITY AND UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Department
Public Works
Approved Date
9/21/2015
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62. If the signatory finds that any portion of the submittal is false or incorrect, the signatory <br /> shall notify EPA immediately. Knowing submittal of false information to EPA in <br /> response to this Order may subject Respondent to criminal prosecution under Section <br /> 309(c) of the CWA, 33 U.S.C. § 1319(c), as well as 18 U.S.C. §§ 1001 and 1341. <br /> 63. Respondent may assert a claim of business confidentiality under 40 C.F.R. Part 2, <br /> Subpart B, for any portion of the information it submits to EPA. Information subject to a <br /> business confidentiality claim is available to the public only to the extent allowed by 40 <br /> C.F.R. Part 2, Subpart B. If Respondent fails to assert a business confidentiality claim, <br /> EPA may make all submitted information available, without further notice, to any <br /> member of the public who requests it. Effluent data, as defined in 40 C.F.R. <br /> § 2.302(a)(2), and information in permit applications is not entitled to confidential <br /> treatment under 40 C.F.R. Part 2, Subpart B. 40 C.F.R. § 122.7. <br /> 64. EPA may use any information submitted in response to this Order in support of an <br /> administrative, civil or criminal action against Respondent. <br /> 65. The information required to be submitted pursuant to this Order is not subject to the <br /> approval requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. §§ 3501- <br /> 3520, because it seeks collection of information by an agency from specific individuals or <br /> entities as part of an administrative action or investigation. <br /> EFFECTIVE DATE AND OPPORTUNITY TO CONFER <br /> 66. An informal conference was held between Respondent and EPA on November 8, 2012, at EPA's <br /> Region 5 offices at 77 West Jackson Boulevard, Chicago, Illinois to discuss the Order, issued <br /> August 28, 2012, and provided an opporiunity for Respondent to present additional information <br /> for the EPA to consider. <br /> 67. Another informal conference was held at the EPA office on February 25, 2013 to further discuss <br /> Respondent's additional submitted information and timelines of the Order. <br /> 68. On Apri15, 2013, Respondent submitted a cover letter and requested markups concerning the <br /> Order based on discussions from the second informal conference on February 25, 2013. <br /> 69. On August 9, 2013, EPA discussed technical aspects of the Order with Respondent to assess the <br /> provisions within the compliance requirements section of this Order. <br /> 70. EPA has considered all relevant and material written information submitted by Respondent <br /> pursuant to this section and determined that the Order be modified to an Administrative Consent <br /> Order. <br /> 71. This Order becomes final and effective seven calendar days after the date of EPA's signature of <br /> the modified Order. <br /> 12 <br />
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