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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-20614

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 3, 1998
- **Citation:** 63 FR 41256

## Text

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]
BILLING CODE 6560-50-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-20614. Public record. Not legal advice.