R2015-109 AUTHORIZING ADMINISTRATIVE CONSENT ORDER

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 IN THE MATTER OF: ) DOCKET NO. V-W-12-AO-21 ) City of Decatur ) Proceeding under Sections 308(a) and Decatur,Illinois, ) 309(a) of the Clean Water Act,33 U.S.C. ) §§ 1318(a) and 1319(a) Respondent. ) , ) ' ADMINISTRATIVE CONSENT ORDER 1. The Director of the Water Division, U.S. Environmental Protection Agency, Region 5, is issuing this Administrative Compliance Order on Consent(Order)to the City of Decatur (Respondent)under Sections 308(a) and 309(a) of the Clean Water Act(CWA), 33 U.S.C. §§ 1318(a) and 1319(a). STATUTORY BACKGROUND 2. Section 301(a) of the CWA, 33 U.S.C. § 1311(a),prohibits the discharge of any pollutant by any person except, among other things, in compliance with a Narional Pollutant Discharge Elimination System (NPDES)permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342. 3. Section 308(a) of the CWA, 33 U.S.C. § 1318(a), provides, among other things, that whenever required to carry out the objective of this chapter, the Administrator of EPA shall require the owner or operator of any point source to: establish and maintain such records, make such reports, and provide such other information as she may reasonably require. 4. Section 309(a)(3) of the CWA, 33 U.S.C. § 1319(a)(3), sta.tes that whenever the Administrator of EPA finds a person in violation of Section 301(a)of the CWA, 33 U.S.C. § 1311(a), the Administrator of EPA may issue an order requiring that person to comply with the provisions of the CWA and the requirements of the permit. 5. Section 504 of the CWA, 33 U.S.C. § 1364, states that the Administrator,upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to their livelihood, may bring suit to immediately restrain any person causing or contributing to that discharge.