[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
[Notices]
[Page 64743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30741]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5657-7]


Clean Water Act Proposed Administrative Penalty Assessment

    EPA is providing notice of a proposed Administrative Penalty 
Assessment against Richard Posey, Gravois Mills, Missouri 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 Clean Water 
Act. EPA may issue such orders after filing a Complaint commencing 
either a Class I or Class II penalty proceeding. EPA provides notice of 
the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(A).
    EPA is initiating a Class II penalty proceeding against Richard 
Posey, Gravois Mills, Missouri. Class II proceedings are conducted 
under EPA's Consolidated Rules of Practice Governing the Administrative 
Assessment of Civil Penalties and the Revocation or Suspension of 
Permits, 40 CFR part 22. The procedures by which the public may submit 
written comments 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 (30) 
days after issuance of public notice.
    On September 30, 1996, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with the Regional 
Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726 
Minnesota Avenue, Kanss City, Kansas 66101, (913) 551-7630, the 
following Complaint:

    In the Matter of Richard Posey, Gravois Mills, Missouri, Docket 
No. VII-96-W-0008.

    The Complaint proposes a penalty of Thirteen Thousand Six Hundred 
Fifty Dollars ($13,650) for the discharge of pollutants from a point 
source into the waters of the United States without permit in 
accordance with 40 CFR part 22, in violation of Sections 301 and 404 of 
the Clean Water Act.
    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 the proposed penalty assessment, or 
otherwise participate in the proceeding should contact the Regional 
Hearing Clerk identified above.
    The administrative record for the proceeding is located in the EPA 
Regional Office at the address stated above, and the file will be open 
for public inspection during normal business hours. All information 
submitted by Richard Posey, Gravois Mills, Missouri 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 the proceeding prior to thirty (30) days from 
the date of this notice.

    Dated: November 21, 1996.
William Rice,
Acting Regional Administrator.
[FR Doc. 96-30741 Filed 12-5-96; 8:45 am]
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