[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Notices]
[Pages 67370-67371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28711]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6898-6]
Clean Water Act Class II: Proposed Administrative Penalty
Assessments and Opportunities to Comment Regarding Mr. Richard Westra,
H&R Westra Dairy and Mr. Bernard Teunissen, Beranna Dairy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Assessments of Clean Water Act Class II
Administrative Penalties and opportunity to comment.
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SUMMARY: EPA is providing notice of proposed administrative penalties
for alleged violations of the Clean Water Act. EPA is also providing
notice of opportunity to comment on the proposed penalties.
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 has violated the conditions of a
National Pollutant Discharge Elimination System permit may be assessed
a penalty in a ``Class II'' administrative penalty proceeding. Class II
proceedings under section 309(g) are conducted in accordance with
consolidated rules of practice governing the administrative assessment
of civil penalties, 40 CFR part 22.
EPA is providing notice of the following Class II penalty
proceedings:
In the Matter of Richard Westra, Docket No. CWA-9-2000-0011;
Complainant, Alexis Strauss, Director, Water Division, U.S. EPA, Region
9, 75 Hawthorne St., San Francisco, CA 94105; Respondent, Mr. Richard
Westra, H&R Westra Dairy, 7851 Bickmore Avenue, Chino, CA 91710; filed
September 28, 2000; seeking a penalty of up to $137,500 for various
discharges from H&R Westra Dairy to a natural drainage channel which
flows to the Prado Flood Control Basin and the Santa Ana River, in
violation of ``General Waste Discharge Requirements for Concentrated
Animal Feeding Operations, including Dairies, within the Santa Ana
Region,'' NPDES No. CAG018001, and for various violations of conditions
of that permit related to construction and maintenance of containment
structures, inundation protection, surface runoff, drainage diversion,
and other operational requirements.
In the Matter of Bernard Teunissen, Docket No. CWA-9-2000-0012;
Complainant, Alexis Strauss, Director, Water Division, U.S. EPA, Region
9, 75 Hawthorne St., San Francisco, CA 94105; Respondent, Mr. Bernard
Teunissen, Beranna Dairy, 16015 Mountain Avenue, Chino, CA 91710; filed
September 29, 2000; seeking a penalty of up to $137,500 for various
discharges from Beranna Dairy to Cypress Creek Channel, which flows to
Chino Creek, the Prado Flood Control Basin and the Santa Ana River, in
violation of ``General Waste Discharge Requirements for Concentrated
Animal Feeding Operations, including Dairies, within the Santa Ana
Region,'' NPDES No. CAG018001, and for various violations of conditions
of that permit related to construction and maintenance
[[Page 67371]]
of containment structures, surface runoff, drainage diversion, and
other operational requirements.
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. A commenter may present written comments for
the record at any time prior to the close of the record or by such date
as the presiding officer may set.
FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of
the consolidated rules, review the complaint or other documents filed
in the proceedings, or comment or participate in the proceedings,
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 proceedings are available for
inspection during business hours at the office of the Regional Hearing
Clerk.
Dated: October 27, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-28711 Filed 11-8-00; 8:45 am]
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