[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21780]


[[Page Unknown]]

[Federal Register: September 2, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5064-9]

 

Proposed Administrative Penalty Assessment and Opportunity to 
Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty and Opportunity to Comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
for 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 public 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 $125,000 by EPA. Class II proceedings under section 309(g) are 
conducted in accordance with the ``Consolidated Rules of Practice 
Governing the Administrative Assessment of Civil Penalties and the 
Revocation or Suspension of Permit'', 40 CFR part 22.
    EPA is providing public notice of the following proposed Class II 
penalty proceeding initiated by the Water Management Division, U.S. 
EPA, Region 9, 75 Hawthorne St., San Francisco, CA 94105:
    In the Matter of Stone Forest Industries, Inc., Flagstaff, Arizona, 
NPDES Permit No. AZ0021474; Docket No. IX-FY94-23, filed August 24, 
1994; proposed penalty, $98,000, for discharges to Rio de Flag in 
violation of permit conditions (chiefly related to suspended solids, 
oil and grease and pH) between January 1990 and December 1992 from a 
lumber mill operated by Stone Forest Industries, Inc., at 825 E. Butler 
Ave., Flagstaff, AZ 86001.
    The procedures by which the public may comment on a proposed Class 
II penalty or participate in a Class II penalty proceeding are set 
forth in 40 CFR part 22. The deadline for submitting public comment on 
a proposed Class II 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 22.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
40 CFR part 22, review the complaint, the 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, (415) 744-1389. Documents filed as part 
of the public record in these proceedings 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 25, 1994.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 94-21780 Filed 9-1-94; 8:45 am]
BILLING CODE 6560-50-P