# Notice of Proposed Assessment of Clean Water Act Class I Administrative Penalty to Black Mesa Pipeline, Inc. and Opportunity To Comment

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-2997

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 6, 1997
- **Citation:** 62 FR 5627

## Text

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5685-6]

Notice of Proposed Assessment of Clean Water Act Class I
Administrative Penalty to Black Mesa Pipeline, Inc. and Opportunity To
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty and opportunity to
comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty
assessment for alleged violations of the Clean Water Act. EPA is also
providing notice of opportunity to comment on the proposed assessment.
Pursuant to 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 the commencement of 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 I proceedings under section 309(g) are conducted in
accordance with the proposed ``Consolidated Rules of Practice Governing
the Administrative Assessment of Class I Civil Penalties Under the
Clean Water Act'' (``Part 28''), published at 56 FR 29,996 (July 1,
1991). The procedures through which the public may submit written
comment on a proposed Class I order or participate in a Class I
proceeding, and the procedures by which a Respondent may request a
hearing, are set forth in the proposed Consolidated Rules. The deadline
for submitting public comment on a proposed Class I order is thirty
days after publication of this notice.
On the date identified below, EPA commenced the following Class I
proceeding for the assessment of penalties:

In the Matter of Black Mesa Pipeline, Inc., Tulsa, OK, Docket
No. CWA-309-IX-FY96-16; filed on January 24, 1996 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 $11,600, for discharges of pollutants from the Black Mesa
Coal Slurry Pipeline to waters of the U.S. in Mohave County, Arizona
without authorization of a valid NPDES permit. EPA and Black Mesa
Pipeline, Inc. have agreed to a proposed Consent Agreement in which
Black Mesa Pipeline, Inc. shall pay the civil penalty of $11,600.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's
proposed Consolidated Rules, review the complaint or other documents
filed in this proceeding, comment upon the 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 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 these proceedings prior to thirty (30) days after the date
of publication of this notice.

Dated: January 28, 1997.
Karen Schwinn,
Acting Director, Water Division.
[FR Doc. 97-2997 Filed 2-5-97; 8:45 am]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-2997. Public record. Not legal advice.