Clean Water Act Class I: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding City of Baldwin City, Kansas

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6133-1]

Clean Water Act Class I: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding City of Baldwin City,

Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding 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).

Class I proceedings are conducted under EPA's Consolidated Rules of

Practice Governing the Administrative Assessment of Civil Penalties,

Issuance of Compliance or Corrective Action Orders and the Revocation

or Suspension of Permits. The procedures by 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 Consolidated Rules. The deadline for

submitting public comment on a proposed class I order is thirty (30)

days after issuance of public notice.

On June 30, 1998, EPA commenced the following class I 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, Kansas; CWA Docket No.

VII-98-W-0018. The Complainant seeks to assess a penalty of up to

Eleven Thousand Dollars ($11,000) for failure to comply with the

applicable vector attraction reduction requirements of section 405 of

the Clean Water Act, 33 U.S.C. 1345.

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, Kansas 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 document.

Dated: July 16, 1998.

Nathaniel Scurry,

Acting Regional Administrator, Region 7.

[FR Doc. 98-20614 Filed 7-31-98; 8:45 am]

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