[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Page 49897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18462]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7800-8]


Notice of Proposed Administrative Consent Agreement and Final 
Order Pursuant to Section 309(g)(4) of the Clean Water Act: In the 
Matter of Deer Lodge Park L.L.C.

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 309(g)(4)(A) of the Clean Water 
Act, (``CWA''), 33 U.S.C. 1319(g)(4)(A), notice is hereby given of a 
proposed Consent Agreement and Final Order (``CA/FO''), which resolves 
penalties for alleged violations of sections 301(a) of the CWA, 33 
U.S.C. 1311(a). The respondent to the CA/FO is Deer Lodge Park L.L.C., 
a Nevada corporation (``Respondent''). Through the proposed CA/FO, 
Respondent will pay $3,000 as a penalty for alleged violations 
involving its failure to obtain coverage under either a CWA National 
Pollutant Discharge Elimination System (NPDES) individual permit, or 
the NPDES General Permit NVR10000I for Storm Water Discharges 
From Construction Activities for Indian Country within the State of 
Nevada (the ``NPDES Construction General Permit''), prior to engaging 
in construction activity associated with development of the Deer Lodge 
Park residential subdivision located on individual Indian allotment 
land in Douglas County, Nevada.

DATES: For 30 days following the date of publication of this notice, 
the Agency will receive written comments relating to the proposed CA/
FO.

ADDRESSES: Requests for copies of the proposed CA/FO should be 
addressed to: Richard Campbell, Attorney Advisor, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, Mailcode: ORC-2, San 
Francisco, CA 94105.
    Comments regarding the proposed CA/FO should be addressed to: 
Danielle Carr, Regional Hearing Clerk, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
    Comments should reference the following information:
    Case Name: In the Matter of Deer Lodge Park L.L.C.
    Docket Number: CWA-9-2004-0002.

FOR FURTHER INFORMATION CONTACT: Richard Campbell at the above address 
or by telephone at (415) 972-3870, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Respondent Deer Lodge Park L.L.C. is an ``operator'', as that term 
is defined at 40 CFR Part 122, in control of site specifications for 
the Deer Lodge Park residential subdivision. Construction activities 
associated with development of the Deer Lodge Park residential 
subdivision were unpermitted under either an individual NPDES permit or 
a NPDES Construction General Permit for six months in 2003. During this 
period, construction activity at the Deer Lodge Park site involved 
grading of roads, installation of a water tank, and installation of a 
well site. Storm water from the Deer Lodge Park construction site 
drains to a tributary of the East Fork Carson River. Pursuant to the 
proposed CA/FO, Respondent has consented to the assessment of a $3,000 
penalty in this matter, and has certified that it will obtain coverage 
under a NPDES permit for construction activities at Deer Lodge Park.

II. General Procedural Information

    Any person who comments on the proposed CA/FO shall be given notice 
of any hearing held and a reasonable opportunity to be heard and to 
present evidence. If no hearing is held regarding comments received, 
any person commenting on this proposed CA/FO may, within 30 days after 
the issuance of the final order, petition the Agency to set aside the 
CA/FO, as provided by section 309(g)(4)(C) of the CWA, 33 U.S.C. 
1319(g)(4)(C). Procedures by which the public may submit written 
comments or participate in the proceedings are described in 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.

    Dated: July 28, 2004.
Alexis Strauss,
Director, Water Division, Region IX.
[FR Doc. 04-18462 Filed 8-11-04; 8:45 am]
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