[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Notices]
[Page 4627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1666]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5143-1]
Notice of Proposed Assessment of Clean Water Act Class II
Administrative Penalty to the Simpson Paper Company and Opportunity To
Comment
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed administrative penalty and opportunity to
comment.
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SUMMARY: EPA is providing notice of a proposed administrative penalty
assessment for alleged violations of the Clean Water Act. EPA is also
providing notice of opportunity to comment on the proposed assessment.
Pursuant to 33 U.S.C. Section 1319(g), EPA is authorized to issue
orders assessing civil penalties for various violations of the Act. EPA
may issue such orders after the commencement of either a Class I or
Class II penalty proceeding. EPA provides public notice of the proposed
assessment pursuant to 33 U.S.C. Section 1319(g)(4)(a).
Class II proceedings are conducted under EPA's Consolidated Rules
of Practice Governing the Administrative Assessment of Civil Penalties
and the Revocation and Suspension of Permits, 40 C.F.R. Part 22. The
procedures through which the public may submit written comment on a
proposed Class II order or participate in a Class II proceeding, and
the procedures by which a Respondent may request a hearing, are set
forth in the Consolidated Rules. The deadline for submitting public
comment on a proposed Class II order is thirty days after publication
of this notice.
On the date identified below, EPA commenced the following Class II
proceeding for the assessment of penalties:
In the Matter of Simpson Paper Company, Humboldt Pulp Mill,
Humboldt County, CA, Docket No. CWA-309-IX-FY95-01; filed on January
9, 1995 with Mr. Steven Armsey, Regional Hearing Clerk, U.S. EPA,
Region 9, 75 Hawthorne Street, San Francisco, California 94105,
(415) 744-1389; proposed penalty of $90,000, for discharges of
pollutants in violation of an NPDES permit. EPA and the Simpson
Paper Company have agreed to a proposed Consent Agreement in which
the Simpson Paper Company shall pay a civil penalty of $32,500 and,
in addition, fund approximately $60,000 worth of fisheries habitat
restoration projects. The work on these projects will be performed
by third parties.
FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's
Consolidated Rules, review the complaint or other documents filed in
this proceeding, comment upon the proposed assessment, or otherwise
participate in the proceeding should contact the Regional Hearing Clerk
identified above. The administrative record for this proceeding is
located in the EPA Regional Office identified above, and the file will
be open for public inspection during normal business hours. All
information submitted by the respondent is available as part of the
administrative record, subject to provisions of law restricting public
disclosure of confidential information. In order to provide opportunity
for public comment, EPA will issue no final order assessing a penalty
in these proceedings prior to thirty (30) days after the date of
publication of this notice.
Dated: January 11, 1995.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 95-1666 Filed 1-23-95; 8:45 am]
BILLING CODE 5650-50-P