95-22334. Proposed Administrative Penalty Assessment and Opportunity to Comment

[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Notices]
[Pages 46834-46835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22334]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5293-7]


Proposed Administrative Penalty Assessment and Opportunity to 
Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed assessment of Clean Water Act Class I 
administrative penalty and opportunity to comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
for 

[[Page 46835]]
alleged violations of the Clean Water Act. EPA is also providing notice 
of opportunity to comment on the proposed penalty.
    EPA is authorized under section 309(g) of the Act, 33 U.S.C. 
1319(g), to assess a civil penalty after providing the person subject 
to the penalty notice of the proposed penalty and the opportunity for a 
hearing, and after providing interested persons notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance. Under 
section 309(g), any person who without authorization discharges a 
pollutant to a navigable water, as those terms are defined in section 
502 of the Act, 33 U.S.C. 1362, may be assessed a penalty of up to 
$25,000 by EPA in a ``Class I'' administrative penalty proceeding. 
Class I proceedings under section 309(g) are conducted in accordance 
with the proposed ``Consolidated Rules of Practice Governing the 
Administrative Assessment of Class I Civil Penalties Under the Clean 
Water Act'' (``Part 28''), published at 56 FR 29996 (July 1, 1991).
    EPA is providing notice of the following proposed Class I penalty 
proceeding initiated by the Water Management Division, U.S. EPA, Region 
9, 75 Hawthorne St., San Francisco, CA 94105:
    In the Matter of Oracle Ridge Mining Partners, Docket No. CWA-IX-
FY95-07, filed August 25, 1995; proposed penalty, $25,000; for 
unauthorized discharges to Gibb Wash and Geesaman Wash between April 
1991 and September 1994, and for failure to develop and implement a 
spill prevention control and countermeasure plan by the deadline 
required in 40 CFR 112.3, at the Oracle Ridge Mine in Pima County, AZ.
    The procedures by which the public may comment on a proposed Class 
I penalty or participate in a Class I penalty proceeding are set forth 
in Part 28. The deadline for submitting public comment on a proposed 
Class I penalty is thirty days after issuance of public notice. The 
Regional Administrator of EPA, Region 9 may issue an order upon default 
if the respondent in the proceeding fails to file a response within the 
time period specified in Part 28.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
Part 28, review the complaint, proposed consent order, or other 
documents filed in this proceeding, comment upon the proposed penalty, 
or participate in any hearing that may be held, should contact Steven 
Armsey, Regional Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne St., 
San Francisco, CA 94105, [phone]. Documents filed as part of the 
public record in this proceeding are available for inspection during 
business hours at the office of the Regional Hearing Clerk.
    In order to provide opportunity for public comment, EPA will not 
take final action in this proceeding prior to thirty days after 
issuance of this notice.

    Dated: August 29, 1995.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 95-22334 Filed 9-7-95; 8:45 am]
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