[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Page 48952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23786]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5611-9]


Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty and Opportunity To Comment

AGENCY: Environmental Protection Agency.

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 August 13, 1996, EPA Region IX commenced proceedings to assess a 
Class II penalty of $115,000 against the City of San Diego, San Diego 
County, California 92101 (In the Matter of City of San Diego, Kearny 
Mesa Site, EPA Docket No. CWA-IX-FY94-46) 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 between July 1992 and May 1993, on 
at least two occasions, a lessee of the City of San Diego, used earth 
moving or other construction equipment to discharge earthen material 
and chipped vegetation (bark) into waters of the United States (i.e., 
vernal pool wetlands) on property owned and controlled by the City of 
San Diego, on Kearny Mesa, California. 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.

DATES: The public is invited to submit written comments on this 
proposed penalty action during a thirty day comment period.

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 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 the Administrative 
Assessment of Civil Penalties and the Revocation or Suspension of 
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: September 4, 1996.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 96-23786 Filed 9-16-96; 8:45 am]
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