[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Notices]
[Pages 49382-49383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24216]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7063-9]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding the California 
Department of Transportation

AGENCY: Environmental Protection Agency (EPA).

[[Page 49383]]


ACTION: Notice of Proposed Clean Water Act administrative penalty 
assessment and opportunity to comment.

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SUMMARY: EPA is providing notice of a proposed Consent Agreement 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 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 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).
    EPA is providing notice of the following Class II penalty 
proceeding, filed on September 6, 2001:
    In the Matter of the California Department of Transportation, 
District 11, Docket No. CWA-9-2001-0003; Complainant, Alexis Strauss, 
Director, Water Division, U.S. EPA, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105; Respondent, California Department of 
Transportation, District 11, 2829 Juan St., San Diego, CA 92186. In 
accordance with the terms of the Consent Agreement, Respondent agrees 
to pay to the United States a civil penalty of $137,500 (one hundred 
thirty-seven thousand, five hundred dollars) for various discharges 
from the ``State Route 56 Construction Project,'' located in San Diego 
County near the City of Poway, to Deer Creek and Los Penasquitos Creek, 
in violation of the terms and conditions of the ``National Pollutant 
Discharge Elimination System Permit for Storm Water Discharges from the 
State of California, Department of Transportation Properties, 
Facilities, and Activities,'' NPDES No. CAS000003.
    The 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 order is thirty (30) days after 
publication of this document.

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. 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. EPA will not issue a final 
order assessing a penalty in these proceedings prior to forty (40) days 
after the date of publication of this document.

    Dated: September 19, 2001.
Alexis Strauss,
Director, Water Division.
[FR Doc. 01-24216 Filed 9-26-01; 8:45 am]
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