Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding the City of Baldwin City, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5905-1]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding the City of Baldwin

City, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the City of Baldwin City, Kansas.

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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 Revocation or Suspension of Permits, 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 May 9, 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 The City of Baldwin City, CWA Docket No. VII-97-W-0015.

The Complaint proposes to assess a penalty of Two Thousand Six

Hundred and Thirty-five dollars ($2,635) dollars against The City of

Baldwin City for the failure to comply with the applicable

recordkeeping, monitoring, vector

[[Page 52101]]

attraction reduction and pathogen density requirements of section 405

of the Clean Water Act, 33 U.S. C. 1345 and the regulations promulgated

pursuant to thereto and set forth at 40 CFR Part 503.

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 Baldwin City 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: August 14, 1997.

William Rice,

Acting Regional Administrator.

[FR Doc. 97-26431 Filed 10-3-97; 8:45 am]

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