99-26664. Proposed Administrative Penalty Assessment and Opportunity To Comment

[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55475-55476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26664]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-3]


Proposed Administrative Penalty Assessment and Opportunity To 
Comment

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed assessment of Clean Water Act Class II 
administrative penalty and opportunity to comment.

-----------------------------------------------------------------------

SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (``Act''). EPA 
is also providing notice of opportunity to comment on the proposed 
assessment.

[[Page 55476]]

    EPA is authorized under section 309(g) of the Act, 33 U.S.C. 
1319(g), to assess a civil penalty after providing the person subject 
to the penalty notice of the proposed penalty and the opportunity for a 
hearing, and after providing interested persons notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance. Under 
section 309(g), any person who without authorization discharges a 
pollutant to a navigable water, as those terms are defined in section 
502 of the Act, 33 U.S.C. 1362, may be assessed a penalty in a ``Class 
II'' administrative penalty proceeding.
    Class II proceedings under section 309(g) are conducted in 
accordance with the ``Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties, Issuance of Compliance or 
Corrective Action Orders, and the Revocation, Termination or Suspension 
of Permits,'' 40 CFR part 22 (``Consolidated Rules''), published at 64 
FR 40138, 40177 (July 23, 1999). 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 (30) days after publication of this notice.
    On September 30, 1999, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with Danielle 
Carr, Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, 
San Francisco, California 94105, [phone], the following 
Complaint:
    In the Matter of Jaxon Enterprises, Buena Ventura Boulevard 
Extension, City of Redding, Shasta County, California, Docket No. CWA-
09-99-0005.
    The Complaint proposes a penalty of up to One Hundred Thirty Seven 
Thousand, Five Hundred Dollars ($137,500) for violations of NPDES 
Permit No. CAS000002 (issued by the California State Water Resources 
Control Board (Order No. 92-08-DWQ)) and section 301(a) of the Act, 33 
U.S.C. 1311(a), at the Buena Ventura Boulevard Extension, City of 
Redding, Shasta County, California.
    Procedures by which the public may comment on a proposed Class II 
penalty or participate in a Class II penalty proceeding are set forth 
in the Consolidated Rules. The deadline for submitting public comment 
on a proposed Class II penalty is thirty days after issuance of public 
notice. The Regional Administrator of EPA, Region 9 may issue an order 
upon default if the respondent in the proceeding fails to file a 
response within the time period specified in the Consolidated Rules.

FOR FURTHER INFORMATION CONTACT: 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 Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, [phone]. 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 Jaxon Enterprises 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: September 30, 1999.
Alexis Strauss,
Director, Water Division.
[FR Doc. 99-26664 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P