[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Page 58048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29017]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6181-8]
Clean Water Act Class I: Proposed Administrative Penalty
Assessment and Opportunity to Comment Regarding the California
Department of Transportation and FCI Constructors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed administrative penalty assessment and
opportunity to comment regarding the California Department of
Transportation and FCI Constructors, San Diego, California (together
the ``Respondents'').
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SUMMARY: EPA is providing notice of a proposed administrative penalty
for alleged violations of the Clean Water Act (the ``Act'') and also
providing notice of opportunity to comment on the proposed penalty.
Under 309(g) of the Act, 33 U.S.C. 1319(g), EPA is authorized to
issue orders assessing civil penalties for various violations of the
Act. EPA may issue such orders after filing a Complaint commencing
either a Class I or Class II penalty proceeding. EPA provides public
notice of the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(a).
Class I proceedings under section 309(g) are conducted in accordance
with Subpart I of the proposed ``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,''(''proposed Part 22''), which has been
published in the Federal Register at 63 FR 9480 (February 25, 1998).
On October 5, 1998, EPA commenced the following Class I proceeding
for the assessment of penalties by filing with the Regional Hearing
Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco,
California 94105, (415) 744-1391, the following Complaint:
In the Matter of the State of California, Department of
Transportation, District 12 and the FCI Constructors, San Diego,
California, Docket No. CWA-09-1999-001.
The Complaint proposes a penalty of Fifty-five Thousand Dollars
($55,000) for violations of NPDES Permit No. CA8000279 and Section
301(a) of the Act, 33 U.S.C. 1311(a), at the ``Interstate 5 Widening
Project'' in Orange County, California. EPA and the Respondents have
agreed to a proposed Consent Agreement in which the Respondents and
shall pay the civil penalty of $11,145.
The procedures by which the public may comment on a proposed Class
I penalty or participate in a Class I penalty proceeding are set forth
in proposed Part 22. The deadline for submitting public comment on a
proposed Class I penalty is thirty days after issuance of this public
notice. The Regional Administrator of EPA, Region 9 may issue an order
upon default if the Respondents in the proceeding fail to file a
response within the time period specified in proposed Part 22.
FOR FURTHER INFORMATION: Persons wishing to receive a copy of proposed
Part 22, review the complaint or other documents filed in these
proceedings, comment upon the proposed penalty, or participate in any
hearing that may be held, should contact Danielle Carr, Regional
Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne St., San Francisco, CA
94105, (415) 744-1391. Documents filed as part of the public record in
these proceedings are available for inspection during business hours at
the office of the Regional Hearing Clerk.
In order to provide opportunity for public comment, EPA will not
take final action in this proceeding prior to thirty days after
issuance of this notice.
Dated: October 7, 1998.
Alexis Strauss,
Acting Director, Water Division.
[FR Doc. 98-29017 Filed 10-28-98; 8:45 am]
BILLING CODE 6560-50-P
