[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Notices]
[Pages 60101-60102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26545]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7576-4]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding the Shapell Monteverde 
Partnership Plum Canyon Development Site, Proceeding Under Clean Water 
Act Section 309(g)(1), (2)(B) and 40 CFR 22.13(b)

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

[[Page 60102]]

Clean Water Act (the ``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 has violated Sections 301(a) or Section 
308(a) of the Act, 33 U.S.C. 1311(a), 1318(a), including any person who 
has violated any permit condition or limitation, 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'' (``Part 22''), 40 CFR part 22. 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 part 22. The 
deadline for submitting public comment on a proposed Class II order is 
forty (40) days after publication of this notice.
    On September 30, 2003, EPA filed with Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following Administrative 
Complaint: In the Matter of Shapell Monteverde Partnership, Plum Canyon 
Development Site, Docket No. CWA-9-2003-0005. For the alleged 
violations set forth in the Administrative Complaint, EPA proposes to 
assess penalties of up to One Hundred Thirty-seven Thousand and Five 
Hundred Dollars ($137,500) for violations of NPDES Permit No. CAS000002 
and Sections 301(a) and Section 308 of the Act, 33 U.S.C. 1311(a), 
1318(a) at the Plum Canyon Development Site in Los Angeles County, 
California.

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 the Respondent 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 forty (40) days after the date 
of publication of this notice.

    Dated: September 30, 2003.
Alexis Strauss,
Director, Water Division.
[FR Doc. 03-26545 Filed 10-20-03; 8:45 am]
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