Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding Corning Municipal Utilities, Corning, IA

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5646-9]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding Corning Municipal

Utilities, Corning, IA

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding Corning Municipal Utilities, Corning,

Iowa.

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SUMMARY: EPA is 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 such orders after filing a Complaint commencing either a Class I

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

proposed assessment 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 or Suspension of Permits, 40 CFR part 22. The

procedures by 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 (30) days after issuance of this

public notice.

On September 26, 1996, EPA commenced the following Class II

proceeding for the assessment of penalties by filing with the Regional

Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7630, the

following Complaint:

In the Matter of Corning Municipal Utilities, CWA Docket No. VII-

96-W-0004.

The Complaint proposes a penalty of Fourteen Thousand ($14,000)

dollars for the discharge of 127 gallons of No. 2 diesel fuel into or

upon the East Nodaway River and for failure to prepare an SPCC Plan in

writing and in accordance with 40 CFR 112.7, in violation of Section

311(b)(3) and 311(j) of the Clean Water Act.

FOR FURTHER INFORMATION CONTACT: 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 penalty assessment, or

otherwise participate in the proceeding should contact the Regional

Hearing Clerk identified above.

The administrative record for the proceeding is located in the EPA

Regional Office at the address stated above, and the file will be open

for public inspection during normal business hours. All information

submitted by Corning Municipal Utilities 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 this proceeding prior to thirty (30) days from the date of this

notice.

Dated: October 23, 1996.

William Rice,

Acting Regional Administrator.

[FR Doc. 96-28425 Filed 11-5-96; 8:45 am]

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