Clean Water Act Class Ii: Proposed Administrative Penalty Assessment and Opportunity to Comment regarding Halls Ferry Center, Inc., and Halak, Inc.

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5862-1]

Clean Water Act Class Ii: Proposed Administrative Penalty

Assessment and Opportunity to Comment regarding Halls Ferry Center,

Inc., and Halak, Inc.

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

ACTION: Complaint, notice of proposed civil penalty and opportunity to

request hearing.

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SUMMARY: The EPA is providing notice of a proposed civil penalty for

alleged violations of the Clean Water Act (``Act''). The EPA is also

providing notice of opportunity to request a hearing on the proposed

penalty.

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 penalty pursuant to 33 U.S.C. 1319(g)(4)(A).

Class II proceedings are conducted under EPA's Consolidated Rules

of

[[Page 39521]]

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

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 August 22, 1997.

On June 30, 1997, 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 Halls Ferry Center, Inc. and Halak, Inc., EPA

Docket No. VII-97-W-0018.

The Complaint proposes a penalty of Twenty Thousand Dollars

($20,000) for failure to comply with section 301 of the CWA, 33 U.S.C.

1311.

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 Halls Ferry Center, Inc. and Halak, Inc. 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 August 22, 1997.

Dated: July 9, 1997.

William Rice,

Acting Regional Administrator.

[FR Doc. 97-19392 Filed 7-22-97; 8:45 am]

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