Proposed Assessment of Clean Water Act Class II Administrative Penalty and Opportunity to Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5275-4]

Proposed Assessment of Clean Water Act Class II Administrative

Penalty and Opportunity to Comment

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to section 309(g) of the Federal Clean Water Act, 33

U.S.C. 1319(g), EPA is authorized to assess a Class II administrative

penalty of up to $125,000 against any person who, without

authorization, discharges a pollutant to a water of the U.S., as those

terms are defined in section 502 of the Act, 33 U.S.C. 1362, and its

implementing regulations. As required under section 309(g)(4), 33

U.S.C. 1319(g)(4), EPA Region IX hereby gives notice of the following

proposed Class II penalty action and the public's opportunity to

comment on it.

On June 22, 1995, EPA Region IX commenced proceeding to assess a

Class II penalty of $60,000 against Sundance International, Ltd. and

Kemper Development Company, Inc. (Docket No. CWA 404-09a-95-005) by

filing a complaint with the Regional Hearing Clerk, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco,

California 94105, (415) 744-1389. The complaint alleges that Sundance

International used earth moving and other construction equipment to

conduct certain grading, filling and vegetation removal activities

below the ordinary high water mark of Vail Lake at the Marina site on

property owned by Kemper Development Company. The complaint further

alleges that these discharges never received required authorization

from the U.S. Army Corps of Engineers under section 404 of the Clean

Water Act, 33 U.S.C. 1344. The public is invited to submit written

comments on this proposed penalty action during a thirty day comment

period.

DATES: The public comment period closes September 11, 1995.

ADDRESSES: Written comments on this proposed action should be submitted

to the Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of

40 CFR part 22, review the complaint or other documents filed by the

parties in this proceeding, comment on the proposed penalty assessment,

or participate in any hearing which may be held should contact the

Regional Hearing Clerk at the address or phone number listed above.

Unless otherwise noted, the public record for the proceeding is located

in the regional office at the address above and is available for public

inspection during normal business hours. All information submitted by

the respondent will be part of the public record and subject to

provisions of law restricting public disclosure of confidential

information.

SUPPLEMENTARY INFORMATION: This penalty proceeding and the procedures

for public comment and participation are governed by EPA's

``Consolidated Rules of Practice Governing and Administrative

Permits,'' at 40 CFR part 22, which is available at most libraries. To

provide an opportunity for public comment, EPA will not take final

actions in the proceeding prior to thirty (30) days after publication

of this notice.

Dated: August 1, 1995.

Karen Schwinn,

Acting Director, Water Management Division.

[FR Doc. 95-19793 Filed 8-9-95; 8:45 am]

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