[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Page 21764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10185]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6584-3]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity to Comment Regarding Colrich Communities, 
Inc.

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (``Act''). EPA 
is also providing notice of opportunity to comment on the proposed 
assessment.
    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 
II'' administrative penalty proceeding.
    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,'' 40 CFR part 22 (``Consolidated Rules''), published at 64 
FR 40138, 40177 (July 23, 1999). 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 the Consolidated 
Rules. The deadline for submitting public comment on a proposed Class 
II order is thirty (30) days after publication of this document.
    On March 7, 2000, EPA commenced the following Class II proceeding 
for the assessment of penalties by filing with Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following Complaint:
    In the Matter of Colrich Communities, Inc., Redhawk Tracts 23064-1, 
23064-2, 23064-3, Riverside County, California, Docket No. CWA-9-2000-
0005.
    The Complaint proposes a penalty of up to One Hundred Thirty Seven 
Thousand, Five Hundred Dollars ($137,500) for violations of NPDES 
Permit No. CAS000002 (issued by the California State Water Resources 
Control Board (Order No. 92-08-DWQ)) and Section 301(a) of the Act, 33 
U.S.C. 1311(a), at the Redhawk Tracts 23064-1, 23064-2, 23064-3, 
Riverside County, California.
    Procedures by which the public may comment on a proposed Class II 
penalty or participate in a Class II penalty proceeding are set forth 
in the Consolidated Rules. The deadline for submitting public comment 
on a proposed Class II penalty is thirty (30) 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 Consolidated Rules.

FOR FURTHER INFORMATION CONTACT: 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 Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391. 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 Colrich Communities, 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 these proceedings prior to thirty 
(30) days after the date of publication of this document.

    Dated: April 7, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-10185 Filed 4-21-00; 8:45 am]
BILLING CODE 6560-50-P