[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Pages 58047-58048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29016]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6181-7]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity to Comment Regarding the California 
Department of Transportation and the Granite Construction Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding the California Department of 
Transportation and the Granite Construction Company (together the 
``Respondents'').

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (the ``Act''). 
EPA is also providing notice of opportunity to comment on the proposed 
assessment.
    Under 309(g) of the Act, 33 U.S.C. 1319(g), EPA is authorized to 
issue orders assessing civil penalties for various violations of the 
Act. EPA may issue such orders after filing a Complaint commencing 
either a Class I or Class II penalty proceeding. EPA provides public 
notice of the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(a).
    Class II proceedings under section 309(g) are conducted in 
accordance with the ``Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties, Issuance of Compliance or 
Corrective Action Orders, and the Revocation, Termination or Suspension 
of Permits'' (``Part 22''), 40 CFR Part 22. The procedures through 
which the public may submit written comment 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 Part 22. The 
deadline for submitting public comment on a proposed Class II order is 
thirty (30) days after publication of this notice.
    On September 30, 1998, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with the Regional 
Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following Complaint:

    In the Matter of the State of California, Department of 
Transportation, District 7 and the Granite Construction Company, 
Watsonville, California, Docket No. CWA-309-IX-FY98-23.


[[Page 58048]]


    The Complaint proposes a penalty of Fifty-five Thousand Dollars 
($55,000) for violations of NPDES Permit No. CAS000002 and Section 
301(a) of the Act, 33 U.S.C. 1311(a), at the ``Route 126 Widening 
Project'' in Los Angeles County, California. EPA and the Respondents 
have agreed to a proposed Consent Agreement in which the Respondents 
shall pay the civil penalty of $55,000.

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 assessment, or otherwise 
participate in the proceeding should contact the Regional Hearing Clerk 
identified above. The administrative record for this proceeding is 
located in the EPA Regional Office identified above, and the file will 
be open for public inspection during normal business hours. All 
information submitted by the California Department of Transportation 
and the Granite Construction Company 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 these proceedings prior to thirty (30) days after the date of 
publication of this notice.

    Dated: October 7, 1998.
Alexis Strauss,
Acting Director, Water Division.
[FR Doc. 98-29016 Filed 10-28-98; 8:45 am]
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