[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Notices]
[Pages 40594-40595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19157]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6408-2]


Proposed Administrative Penalty Assessments and Opportunity To 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed assessment of Clean Water Act Class I 
administrative penalty and opportunity To comment.

-----------------------------------------------------------------------

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 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 in a ``Class 
I'' administrative penalty proceeding. Class I proceedings under 
section 309(g) are conducted in accordance with proposed consolidated 
rules of practice governing the administrative assessment of civil 
penalties, published at 63 FR 9464 (Feb. 25, 1998).
    EPA is providing notice of the following proposed Class I penalty 
proceeding initiated by the Water

[[Page 40595]]

Division, U.S. EPA, Region 9, 75 Hawthorne St., San Francisco, CA 
94105:
    In the Matter of Arizona Dairy Co., Docket No. CWA-09-99-0002, 
filed July 14, 1999; proposed penalty, $18,000; for unauthorized 
discharge from Arizona Dairy Co., 19135 E. Elliot Rd., Higley, AZ 
85236, on March 31 and April 14, 1998, to Warner Road Alignment Wash 
and the Eastern Maricopa Floodway.
    Procedures by which the public may comment on a proposed Class I 
penalty or participate in a Class I penalty proceeding are set forth in 
the proposed consolidated rules. The deadline for submitting public 
comment on a proposed Class I 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 the proposed consolidated 
rules.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
the proposed consolidated rules, review the complaint, proposed consent 
order, or other documents filed in the proceeding, comment upon the 
proposed penalty, or participate in any hearing that may be held, 
should contact Danielle Carr, Regional Hearing Clerk, U.S. EPA, Region 
9, 75 Hawthorne St., San Francisco, CA 94105, (415) 744-1391. Documents 
filed as part of the public record in the proceeding 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 the proceeding prior to thirty days after issuance 
of this notice.

    Dated: July 16, 1999.
John Ong,
Acting Director, Water Division.
[FR Doc. 99-19157 Filed 7-26-99; 8:45 am]
BILLING CODE 6560-50-P