[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Page 40841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19793]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5275-4]
Proposed Assessment of Clean Water Act Class II Administrative
Penalty and Opportunity to Comment
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Pursuant to section 309(g) of the Federal Clean Water Act, 33
U.S.C. 1319(g), EPA is authorized to assess a Class II administrative
penalty of up to $125,000 against any person who, without
authorization, discharges a pollutant to a water of the U.S., as those
terms are defined in section 502 of the Act, 33 U.S.C. 1362, and its
implementing regulations. As required under section 309(g)(4), 33
U.S.C. 1319(g)(4), EPA Region IX hereby gives notice of the following
proposed Class II penalty action and the public's opportunity to
comment on it.
On June 22, 1995, EPA Region IX commenced proceeding to assess a
Class II penalty of $60,000 against Sundance International, Ltd. and
Kemper Development Company, Inc. (Docket No. CWA 404-09a-95-005) by
filing a complaint with the Regional Hearing Clerk, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco,
California 94105, (415) 744-1389. The complaint alleges that Sundance
International used earth moving and other construction equipment to
conduct certain grading, filling and vegetation removal activities
below the ordinary high water mark of Vail Lake at the Marina site on
property owned by Kemper Development Company. The complaint further
alleges that these discharges never received required authorization
from the U.S. Army Corps of Engineers under section 404 of the Clean
Water Act, 33 U.S.C. 1344. The public is invited to submit written
comments on this proposed penalty action during a thirty day comment
period.
DATES: The public comment period closes September 11, 1995.
ADDRESSES: Written comments on this proposed action should be submitted
to the Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of
40 CFR part 22, review the complaint or other documents filed by the
parties in this proceeding, comment on the proposed penalty assessment,
or participate in any hearing which may be held should contact the
Regional Hearing Clerk at the address or phone number listed above.
Unless otherwise noted, the public record for the proceeding is located
in the regional office at the address above and is available for public
inspection during normal business hours. All information submitted by
the respondent will be part of the public record and subject to
provisions of law restricting public disclosure of confidential
information.
SUPPLEMENTARY INFORMATION: This penalty proceeding and the procedures
for public comment and participation are governed by EPA's
``Consolidated Rules of Practice Governing and Administrative
Permits,'' at 40 CFR part 22, which is available at most libraries. To
provide an opportunity for public comment, EPA will not take final
actions in the proceeding prior to thirty (30) days after publication
of this notice.
Dated: August 1, 1995.
Karen Schwinn,
Acting Director, Water Management Division.
[FR Doc. 95-19793 Filed 8-9-95; 8:45 am]
BILLING CODE 6560-50-P
