94-21899. Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to Baker Commodities, Inc. and Opportunity To Comment

[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21899]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5065-5]

 

Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty to Baker Commodities, Inc. 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 proposed administrative penalty 
assessment and proposed Consent Agreement for alleged violations of the 
Clean Water Act. EPA is also 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 these orders after the commencement of either a Class I or Class 
II penalty proceeding. EPA provides public notice of the proposed 
assessments 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 and Suspension of Permits, 40 CFR part 22. The 
procedures through 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 days after publication 
of this notice.
    On the date identified below, EPA commenced the following Class II 
proceeding for the assessment of penalties:
    In the Matter of Baker Commodities, Inc., located at 4020 Bandini 
Boulevard, Los Angeles, California; EPA Docket No. CWA-IX-FY94-33; 
filed on August 26, 1994, with Mr. Steven Armsey, Regional Hearing 
Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, 
California 94105, [phone]; proposed penalty of $36,500 for 
failure to comply with the ``General Pretreatment Regulations for 
Existing and New Sources of Water Pollution'' for all non-domestic 
sources which introduce pollutants into POTWs (40 CFR 403). EPA and 
Baker Commodities, Inc. have agreed to a proposed Consent Agreement in 
which Baker Commodities, Inc. shall pay a civil penalty of $36,500.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's 
Consolidated Rules, review of 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 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 these proceedings prior to thirty (30) days after the date of 
publication of this notice.

    Dated: August 18, 1994.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 94-21899 Filed 9-2-94; 8:45 am]
BILLING CODE 6560-50-P