96-28425. Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding Corning Municipal Utilities, Corning, IA

[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Notices]
[Page 57423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28425]


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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5646-9]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding Corning Municipal 
Utilities, Corning, IA

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

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding Corning Municipal Utilities, Corning, 
Iowa.

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

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 Practice Governing the Administrative Assessment of Civil Penalties 
and the Revocation or Suspension of Permits, 40 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 September 26, 1996, 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 Corning Municipal Utilities, CWA Docket No. VII-
96-W-0004.
    The Complaint proposes a penalty of Fourteen Thousand ($14,000) 
dollars for the discharge of 127 gallons of No. 2 diesel fuel into or 
upon the East Nodaway River and for failure to prepare an SPCC Plan in 
writing and in accordance with 40 CFR 112.7, in violation of Section 
311(b)(3) and 311(j) of the Clean Water Act.

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 Corning Municipal Utilities 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: October 23, 1996.
William Rice,
Acting Regional Administrator.
[FR Doc. 96-28425 Filed 11-5-96; 8:45 am]
BILLING CODE 6560-50-M