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

ENVIRONMENTAL PROTECTION AGENCY

[FRL--50905-2]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding the City of LaHarpe, KS

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

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the City of LaHarpe, 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 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 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 LaHarpe, CWA Docket No. VII-97-W-0011.

The Complaint proposes to assess a penalty of Two Thousand Five

Hundred and Ten dollars ($2,510) dollars against The City of LaHarpe

for the failure to comply with the applicable recordkeeping,

monitoring, vector attraction reduction and pathogen density

requirements of section 405 of the Clean Water Act, 33 U.S.C. 1345 and

the regulations promulgated pursuant thereto and set forth at 40 CFR

part 503.

FOR FURTHER INFORMATION CONTACT: Parsons 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 LaHarpe 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. 97-26432 Filed 10-3-97; 8:45 am]

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