97-26431. Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding the City of Baldwin City, KS

[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Notices]
[Pages 52100-52101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26431]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5905-1]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding the City of Baldwin 
City, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding the City of Baldwin City, Kansas.

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SUMMARY: EPA is providing notice of opportunity to comment on the 
proposed assessment.
    Under 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 II proceedings are conducted under EPA's Consolidated Rules 
of Revocation or Suspension of Permits, CFR part 22. The procedures by 
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 issuance of this 
public notice.
    On May 9, 1997, EPA commenced the following Class II proceeding for 
the assessment of penalties by filing with the Regional Hearing Clerk, 
U.S. Environmental Protection Agency, Region VII, 726 Minnesota Avenue, 
Kansas City, Kansas 66101, [phone], the following Complaint: In 
the Matter of The City of Baldwin City, CWA Docket No. VII-97-W-0015.
    The Complaint proposes to assess a penalty of Two Thousand Six 
Hundred and Thirty-five dollars ($2,635) dollars against The City of 
Baldwin City for the failure to comply with the applicable 
recordkeeping, monitoring, vector

[[Page 52101]]

attraction reduction and pathogen density requirements of section 405 
of the Clean Water Act, 33 U.S. C. 1345 and the regulations promulgated 
pursuant to thereto and set forth at 40 CFR Part 503.

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 penalty assessment, or otherwise participate in the 
proceeding should contact the Regional Hearing Clerk identified above.
    The administrative record for the proceeding is located in the EPA 
Regional Office at the address stated above, and the file will be open 
for public inspection during normal business hours. All information 
submitted by the City of Baldwin City 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 this proceeding prior to thirty (30) days from the date of this 
notice.

    Dated: August 14, 1997.
William Rice,
Acting Regional Administrator.
[FR Doc. 97-26431 Filed 10-3-97; 8:45 am]
BILLING CODE 6560-50-M