[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Page 49226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24946]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5895-2]
Notice of Proposed Assessment of Clean Water Act Class II
Administrative Penalty to Arizona Public Service Company and
Opportunity To Comment
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed administrative penalty assessment and
opportunity to comment.
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SUMMARY: EPA is providing notice of a proposed administrative penalty
assessment and proposed Consent Agreement for alleged violations of the
Clean Water Act. EPA is also providing notice of the opportunity to
comment on the proposed penalty assessment.
Under section 309(g) of the Clean Water Act, 33 U.S.C. 1319(g), EPA
is authorized to issue orders assessing civil penalties for various
violations of the Act after providing the person subject to the penalty
notice of the proposed penalty and the opportunity for a hearing, and
after providing interested persons public notice of the proposed
penalty and a reasonable opportunity to comment on its issuance.
Class II proceedings are conducted under EPA's Consolidated Rules
of Practice Governing the Administrative Assessment of Civil Penalties
and the Revocation and Suspension of Permits, 40 CFR part 22. The
procedures through 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
of a proposed Class II order is thirty days after publication of this
document.
On the date identified below, EPA commenced the following Class II
proceeding for the assessment of penalties:
In the matter of Arizona Public Service Company, P.O. Box 52034,
Phoenix, AZ; EPA Docket No. CWA-IX-FY97-16; filed on September 11,
1997, with Mr. Steven Armsey, Regional Hearing Clerk, U.S. EPA Region
9, 75 Hawthorne Street, San Francisco, California 94105, (415) 744-
1389, proposed penalty of $42,000 for unpermitted discharges in August
1994, January 1997, February 1997 and March 1997 into the Gila River
from their water reclamation supply system pipeline. EPA and Arizona
Public Service Company have agreed to a proposed Consent Agreement in
which Arizona Public Service Company shall pay a civil penalty of
$42,000.
FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's
Consolidated Rules, review the complaint or other documents filed in
this proceeding, comment upon a proposed assessment, or otherwise
participate in the proceeding should contact the Regional Hearing Clerk
identified above. 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 the Respondent is available as part of this
administrative record, subject to provisions of law restricting public
disclosure of confidential information. In order to provide opportunity
for public comment, EPA will take no final action in these proceedings
prior to thirty (30) days after the date of publication of this
document.
Dated: September 11, 1997.
John Ong,
Acting Director, Water Division.
[FR Doc. 97-24946 Filed 9-18-97; 8:45 am]
BILLING CODE 6560-50-P
