Proposed Administrative Penalty Assessments and Opportunity to Comment

[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Pages 64084-64085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30845]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6190-3]


Proposed Administrative Penalty Assessments and Opportunity to 
Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed assessments of Clean Water Act Class I 
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 without authorization discharges a 
pollutant to a navigable water, as those terms are defined in section 
502 of the Act, 33 U.S.C. 1362, may be assessed a penalty in a ``Class 
I'' administrative penalty proceeding. Class I proceedings under 
section 309(g) are conducted in accordance with proposed consolidated 
rules of practice governing the administrative assessment of civil 
penalties, published at 63 FR 9464 (Feb. 25, 1998).
    EPA is providing notice of the following proposed Class I penalty 
proceedings initiated by the Water Division, U.S. EPA, Region 9, 75 
Hawthorne St., San Francisco, CA 94105:
    In the Matter of S&H Dairy, Docket No. CWA-IX-FY98-28, filed 
September 28, 1998; proposed penalty, $5,000; for unauthorized 
discharge from the S&H Dairy, 4125 Bentley Road, Oakdale, CA 95361, on 
January 23, 1998, to a canal operated by the Oakdale Irrigation 
District; and
    In the Matter of Bairos Brothers Dairy, Inc., Docket No. CWA-IX-
FY98-27, filed September 28, 1998; proposed penalty, $5,000; for 
unauthorized discharge from the Bairos Brothers Dairy, 3037 Albers 
Road, Modesto, CA 95357, on January 23, 1998, to the Albers Lateral of 
the Oakdale Irrigation District.
    Procedures by which the public may comment on a proposed Class I 
penalty or participate in a Class I penalty

[[Page 64085]]

proceeding are set forth in the proposed consolidated rules. The 
deadline for submitting public comment on a proposed Class I penalty is 
thirty 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 proposed consolidated rules.

FOR FURTHER INFORMATION CONTACT: Persons wishing to received a copy of 
the proposed consolidated rules, review the complaints, proposed 
consent orders, or other documents filed in these proceedings, comment 
upon the proposed penalties, or participate in any hearings that may be 
held, 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 these proceedings are 
available for inspection during business hours at the office of the 
Regional Hearing Clerk.
    In order to provide opportunity for public comment, EPA will not 
take final action in these proceedings prior to thirty days after 
issuance of this notice.

    Dated: October 28, 1998.
Alexis Strauss,
Acting Director, Water Division.
[FR Doc. 98-30845 Filed 11-17-98; 8:45 am]
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