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082819P.pdf   12/28/2009  Service Oil, Inc.  v.  EPA
   U.S. Court of Appeals Case No:  08-2819
   Environmental Protection Administration   
   [PUBLISHED] [Loken, Author, with Bye, Circuit Judge, and Miller,
   District Judge]
   Petition for Review - Order of the Environmental Appeals Board. The
   Clean Water Act does not authorize the EPA to impose an administrative
   penalty on a polluter for failure to timely apply for and obtain a National
   Pollution Discharge Eliminations System permit; as a result, that portion
   of the penalty which is related to violation of the permit application
   regulations must be vacated, and the matter is remanded to the agency for
   redetermination of the penalty in accordance with 33 U.S.C. Sec.
   19193(g)(3).