Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to A&D Plating, Inc. and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5693-4]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to A&D Plating, Inc. and Opportunity To Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment.

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SUMMARY: EPA is providing notice of proposed administrative penalty

assessment and proposed Consent Agreement for alleged violations of the

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

on the proposed assessment.

Under 33 U.S.C. Section 1319(g), EPA is authorized to issue orders

assessing civil penalties for various violations of the Act. EPA may

issue these orders after the commencement of either a Class I or Class

II penalty proceeding. EPA provides public notice of the proposed

assessments pursuant to 33 U.S.C. Section 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 and Suspension of Permits, 40 CFR part 22. The

procedures through 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 days after publication

of this notice.

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

proceeding for the assessment of penalties:

In the Matter of A&D Plating, Inc., 2265 Micro Place, Suite A,

Escondido, California; EPA Docket No. CWA-IX-FY97-02; filed on

February 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 $35,000 for failure to

comply with the categorical pretreatment standards and requirements

for new source metal finishers (40 CFR 433). EPA and A&D Plating,

Inc. have agreed to a proposed Consent

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Agreement in which A&D Plating, Inc. shall pay a Civil penalty of

$35,000.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of

EPA's Consolidated Rules, review of 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 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: February 11, 1997.

Alexis Strauss,

Acting Director, Water Division.

[FR Doc. 97-4494 Filed 2-21-97; 8:45 am]

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