[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Notices]
[Pages 9545-9546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4787]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5970-7]


Proposed Administrative Penalty Assessment

    The Environmental Protection Agency (EPA) is providing notice of a 
proposed Administrative Penalty Assessment against McCune Development 
Company and Negus-Sons, Inc., and a proposed Administrative Penalty 
Assessment against Lamp, Rynearson & Associates, Inc. for alleged 
violations of the Clean Water Act (CWA). The EPA is also providing 
notice of opportunity to comment on the proposed assessments.
    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 provides notice of the proposed assessments pursuant to 33 
U.S.C. 1319(g)(4)(A).
    The EPA is proposing a penalty against Respondents McCune 
Development Company, Lamp, Rynearson & Associates, Inc. and Negus-Sons, 
Inc. based on activities conducted by Respondents at the Willow Park 
Development Project located near Gretna, Nebraska. These penalties are 
related to the discharge and disposal of approximately 1600 cubic yards 
of dredged and fill material into a wetland area, which is a water of 
the United States, without a permit issued pursuant to section 404 of 
the CWA, 33 U.S.C. 1344. This discharge violated section 301 of the 
CWA, 33 U.S.C. 1311.
    The procedures by which the public may submit written comments on a

[[Page 9546]]

proposed order, and the procedures by which a respondent may request a 
hearing, are set forth in the Consolidated Rules of Practice Governing 
the Administrative Assessment of Civil Penalties and the Revocation or 
Suspension of Permits, 40 CFR part 22. The deadline for submitting 
public comment on an order is thirty (30) days after issuance of a 
public document.
    On December 15, 1997, EPA commenced proceeding for the assessment 
of penalties by filing with the Regional Hearing Clerk, U.S. 
Environmental Protection Agency, Region VII, 726 Minnesota Avenue, 
Kansas City, Kansas 66101, (913) 551-7630, the following complaint:

    In the Matter of McCune Development Company, Lamp, Rynearson & 
Associates, Inc. and Negus-Sons, Inc., Docket No. VII-98-W-0007.

    According to the terms of one Consent Agreement, Respondents McCune 
Development Company and Negus-Sons, Inc. shall each pay a civil penalty 
of five thousand dollars. According to the terms of a second Consent 
Agreement, Respondent Lamp, Rynearson & Associates, Inc. shall pay a 
penalty of five thousand dollars; however, this penalty shall be 
deferred, pending the performance by Respondent Lamp, Rynearson & 
Associates, Inc. of the Restoration of wetlands, as required by Order 
for Compliance, EPA Docket No. VII-98-0008. In the event the costs of 
Restoration are less than five thousand dollars, Respondent Lamp, 
Rynearson & Associates shall pay the difference between such costs and 
five thousand dollars.
    For Further Information: Persons wishing to receive a copy of EPA's 
Consolidated Rules, review the Consent Orders/Consent Agreements 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 McCune Development Company, Lamp, Rynearson & Associates, 
Inc. and Negus-Sons, Inc., 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 this 
proceeding prior to thirty (30) days from the date of this document.

    Dated: February 3, 1998.
Dennis Grams,
Regional Administrator.
[FR Doc. 98-4787 Filed 2-24-98; 8:45 am]
BILLING CODE 6560-50-M