Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to Arizona Public Service Company and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5895-2]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to Arizona Public Service Company and

Opportunity To Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty

assessment and proposed Consent Agreement for alleged violations of the

Clean Water Act. EPA is also providing notice of the opportunity to

comment on the proposed penalty assessment.

Under section 309(g) of the Clean Water Act, 33 U.S.C. 1319(g), EPA

is authorized to issue orders assessing civil penalties for various

violations of the Act after providing the person subject to the penalty

notice of the proposed penalty and the opportunity for a hearing, and

after providing interested persons public notice of the proposed

penalty and a reasonable opportunity to comment on its issuance.

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 CFR part 22. The

procedures through which the public may comment on a proposed Class II

penalty or participate in a Class II penalty proceeding are set forth

in the Consolidated Rules. The deadline for submitting public comment

of a proposed Class II order is thirty days after publication of this

document.

On the date identified below, EPA commenced the following Class II

proceeding for the assessment of penalties:

In the matter of Arizona Public Service Company, P.O. Box 52034,

Phoenix, AZ; EPA Docket No. CWA-IX-FY97-16; filed on September 11,

1997, 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 $42,000 for unpermitted discharges in August

1994, January 1997, February 1997 and March 1997 into the Gila River

from their water reclamation supply system pipeline. EPA and Arizona

Public Service Company have agreed to a proposed Consent Agreement in

which Arizona Public Service Company shall pay a civil penalty of

$42,000.

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 a 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 this

administrative record, subject to provisions of law restricting public

disclosure of confidential information. In order to provide opportunity

for public comment, EPA will take no final action in these proceedings

prior to thirty (30) days after the date of publication of this

document.

Dated: September 11, 1997.

John Ong,

Acting Director, Water Division.

[FR Doc. 97-24946 Filed 9-18-97; 8:45 am]

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