Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding the California Department of Transportation and the Granite Construction Company

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6181-7]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity to Comment Regarding the California

Department of Transportation and the Granite Construction Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the California Department of

Transportation and the Granite Construction Company (together the

``Respondents'').

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SUMMARY: EPA is providing notice of a proposed administrative penalty

assessment for alleged violations of the Clean Water Act (the ``Act'').

EPA is also providing notice of opportunity to comment on the proposed

assessment.

Under 309(g) of the Act, 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 under section 309(g) are conducted in

accordance with the ``Consolidated Rules of Practice Governing the

Administrative Assessment of Civil Penalties, Issuance of Compliance or

Corrective Action Orders, and the Revocation, Termination or Suspension

of Permits'' (``Part 22''), 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 Part 22. The

deadline for submitting public comment on a proposed Class II order is

thirty (30) days after publication of this notice.

On September 30, 1998, EPA commenced the following Class II

proceeding for the assessment of penalties by filing with the Regional

Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco,

California 94105, (415) 744-1391, the following Complaint:

In the Matter of the State of California, Department of

Transportation, District 7 and the Granite Construction Company,

Watsonville, California, Docket No. CWA-309-IX-FY98-23.

[[Page 58048]]

The Complaint proposes a penalty of Fifty-five Thousand Dollars

($55,000) for violations of NPDES Permit No. CAS000002 and Section

301(a) of the Act, 33 U.S.C. 1311(a), at the ``Route 126 Widening

Project'' in Los Angeles County, California. EPA and the Respondents

have agreed to a proposed Consent Agreement in which the Respondents

shall pay the civil penalty of $55,000.

FOR FURTHER INFORMATION: 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 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 California Department of Transportation

and the Granite Construction Company 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: October 7, 1998.

Alexis Strauss,

Acting Director, Water Division.

[FR Doc. 98-29016 Filed 10-28-98; 8:45 am]

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