CONSERVACION W Q ~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~ REGION 2 ~ CULEBRA IN THE MATTER OF: Acuse de Recibo Municipality of Culebra Fecha: ~;;~ ~ P.O. Box 189 ADMINISTRATIVE Culebra, Puerto Rico 00775 COMPLIANCE ORDER DBA Santiago Electric DOCKET NUMBER HC-01 Box 4905 CWA-02-2010-3115 Villalba, Puerto Rico 00766 Parcelas Culebra Lot Development Proceeding pursuant to Section 309(a) of the Clean Water Act, 33 U.S.C. §1319(a) STATUTORY AUTHORITY The following ORDER is issued pursuant to the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA") by the Clean Water Act, 33 U.S.C. § 1251 et seg. (the MAct" or "CWA"), which authority has been duly delegated to the Regional Administrator of Region 2, EPA, and since further redelegated to the Director, Caribbean Environmental Protection Division, Region 2, EPA. DEFINITIONS AND STATUTORY PROVISIONS The following definitions and statutory and regulatory provisions apply in this Order: a. Section 301(a) of the Act, 33 U.S.C. § 1311(a), provides in part that "Except as in compliance with this Section and Sections ... 402, and 404 of the Act, the discharge of any pollutant by any person shall be unlawful." b. Section 402(a)(1) of the Act, 33 U.S.C. § 1342(a)(1), provides that " ... the Administrator may, after opportunity for public hearing. issue a permit for the discharge of any pollutant..." c. The term "navigable waters" includes the waters of the United States pursuant to Section 502(7) of the Act, 33 U.S.C. § 1362(7).