Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to the Simpson Paper Company and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5143-1]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to the Simpson Paper Company and Opportunity To

Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative penalty and opportunity to

comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty

assessment for alleged violations of the Clean Water Act. EPA is also

providing notice of opportunity to comment on the proposed assessment.

Pursuant to 33 U.S.C. Section 1319(g), EPA is authorized to issue

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

may issue such orders after the commencement of either a Class I or

Class II penalty proceeding. EPA provides public notice of the proposed

assessment pursuant to 33 U.S.C. Section 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 C.F.R. 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 Simpson Paper Company, Humboldt Pulp Mill,

Humboldt County, CA, Docket No. CWA-309-IX-FY95-01; filed on January

9, 1995 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 $90,000, for discharges of

pollutants in violation of an NPDES permit. EPA and the Simpson

Paper Company have agreed to a proposed Consent Agreement in which

the Simpson Paper Company shall pay a civil penalty of $32,500 and,

in addition, fund approximately $60,000 worth of fisheries habitat

restoration projects. The work on these projects will be performed

by third parties.

FOR FURTHER INFORMATION: 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 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: January 11, 1995.

Alexis Strauss,

Acting Director, Water Management Division.

[FR Doc. 95-1666 Filed 1-23-95; 8:45 am]

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