L.Rev. 202, 242-253 (1987). We find the reasoning of cases such as South Carolina Wildlife Federation v. Alexander, which relies on the principles of statutory interpretation discussed above to construe § 1319(a)(3), to be more persuasive than the EPA’s rationale; accordingly, we read the CWA to impose a mandatory duty on the Administrator to make the requisite finding or determination when he becomes aware of such violations as articulated in § 1319(a)(2). See South Carolina Wildlife Federation v. Alexander, 457 F.Supp. 118, 129 (D.S.C.1978); People of State of Illinois ex rel Scott v. Hoffman, 425 F.Supp. 71, 77 (S.D.Ill.1977); United States v. Phelps Dodge Carp., 391 F.Supp. 1181, 1183 (D.Ariz.1975); see also Rivers Unlimited v. Costle, 11 Env’t. Rep. Cas. (BNA) 1681 (S.D.Ohio 1978) (<HOLDING>); 61C Am.Jur.2d Pollution Control § 919 (1999)
holding  1319a2 imposes mandatory duty holding that silence or passive conduct is not fraudulent unless parties relationship imposes duty to disclose holding that application note 6 is not mandatory holding that the statute is mandatory recognizing that a construction contract implicitly imposes a duty on contractors to perform work according to the standard of due care