[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Notices]
[Page 66632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27831]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7403-4]
Clean Water Act Class II: Proposed Administrative Penalty
Assessments and Opportunities To Comment Regarding Pick Your Part Auto
Wrecking--Chula Vista; Pick Your Part Auto Wrecking--Help Yourself;
Pick Your Part Auto Wrecking--Santa Paula; Pick Your Part Auto
Wrecking--Sun Valley; Pick Your Part Auto Wrecking--Wilmington
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice.
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SUMMARY: EPA is providing notice of five proposed administrative
penalty assessments for alleged violations of the Clean Water Act
(``Act''). EPA is also providing notice of opportunity to comment on
the proposed assessments.
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).
On September 30, 2002, EPA commenced the following Class II
proceedings 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) 972-3871, the following
Complaints:
In the Matter of Pick Your Part Auto Wrecking--Chula Vista, Docket
No. CWA-9-2002-01; Pick Your Part Auto Wrecking--Help Yourself, Docket
No. CWA-9-2002-07; Pick Your Part Auto Wrecking--Santa Paula, Docket
No. CWA-9-2002-08; Pick Your Part Auto Wrecking--Sun Valley, Docket No.
CWA-9-2002-09; Pick Your Part Auto Wrecking--Wilmington, Docket No.
CWA-9-2002-10.
Each Complaint proposes a penalty of up to One Hundred Thirty Seven
Thousand, Five Hundred Dollars ($137,500) for violations of NPDES
Permit No. CAS000001 (issued by the California State Water Resources
Control Board (Order No. 97-03-DWQ)) and sections 301(a) and 308(a) of
the Act, 33 U.S.C. 1311(a), 1318(a), at Pick Your Part facilities in
Chula Vista, Santa Paula, Sun Valley, and Wilmington, California.
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 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 one or more of the Complaints, or
other documents filed in these proceedings, comment upon the proposed
assessments, or otherwise participate in the proceedings should contact
Danielle Carr, Regional Hearing Clerk, U.S. EPA, Region IX, 75
Hawthorne Street, San Francisco, California 94105, (415) 972-3871. 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
Pick Your Part 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.
Cat Kuhlman,
Acting Director, Water Division.
[FR Doc. 02-27831 Filed 10-31-02; 8:45 am]
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