Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to Baker Commodities, Inc. and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5065-5]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to Baker Commodities, Inc. and Opportunity To

Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of Proposed Administrative Penalty Assessment and

Opportunity to Comment.

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SUMMARY: EPA is providing notice of proposed administrative penalty

assessment and proposed Consent Agreement for alleged violations of the

Clean Water Act. EPA is also providing notice of opportunity to comment

on the proposed assessment.

Under 33 U.S.C. 1319(g), EPA is authorized to issue orders

assessing civil penalties for various violations of the Act. EPA may

issue these orders after the commencement of either a Class I or Class

II penalty proceeding. EPA provides public notice of the proposed

assessments pursuant to 33 U.S.C. 1319(g)(4)(a).

Class II proceedings are conducted under EPA's Consolidated Rules

of Practice Governing the Administrative Assessment of Civil Penalties

and the Revocation and Suspension of Permits, 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 the Consolidated Rules. The deadline for submitting public

comment on a proposed Class II order is thirty days after publication

of this notice.

On the date identified below, EPA commenced the following Class II

proceeding for the assessment of penalties:

In the Matter of Baker Commodities, Inc., located at 4020 Bandini

Boulevard, Los Angeles, California; EPA Docket No. CWA-IX-FY94-33;

filed on August 26, 1994, with Mr. Steven Armsey, Regional Hearing

Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco,

California 94105, (415) 744-1389; proposed penalty of $36,500 for

failure to comply with the ``General Pretreatment Regulations for

Existing and New Sources of Water Pollution'' for all non-domestic

sources which introduce pollutants into POTWs (40 CFR 403). EPA and

Baker Commodities, Inc. have agreed to a proposed Consent Agreement in

which Baker Commodities, Inc. shall pay a civil penalty of $36,500.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's

Consolidated Rules, review of the complaint or other documents filed in

this proceeding, comment upon a proposed assessment, or otherwise

participate in the proceeding should contact the Regional Hearing Clerk

identified above. 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 thirty (30) days after the date of

publication of this notice.

Dated: August 18, 1994.

Alexis Strauss,

Acting Director, Water Management Division.

[FR Doc. 94-21899 Filed 9-2-94; 8:45 am]

BILLING CODE 6560-50-P