Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding the City of Sedalia, Missouri

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5678-9]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity to Comment Regarding the City of Sedalia,

Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the city of Sedalia, Missouri.

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SUMMARY: The EPA is providing notice of a proposed administrative

penalty assessment for alleged violations of the Clean Water Act

(``Act''). The 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. The EPA

may issue such orders after filing a Complaint commencing either a

Class I or Class II penalty proceeding. The EPA provides the 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 C.F.R. 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 November 22, 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 the City of Sedalia, Missouri, EPA Docket No. VII-

97-W-0003.

The Complaint proposes a penalty of Sixty-Five Thousand Dollars

($65,000) for failure to comply with the Pretreatment implementation

requirements of its National Pollutant Discharge Elimination System

(NPDES) permit.

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 the city of Sedalia, Missouri, 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: December 18, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 97-1266 Filed 1-16-97; 8:45 am]

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