Clean Water Act Class I: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding the California Department of Transportation and FCI Constructors

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6181-8]

Clean Water Act Class I: Proposed Administrative Penalty

Assessment and Opportunity to Comment Regarding the California

Department of Transportation and FCI Constructors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the California Department of

Transportation and FCI Constructors, San Diego, California (together

the ``Respondents'').

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SUMMARY: EPA is providing notice of a proposed administrative penalty

for alleged violations of the Clean Water Act (the ``Act'') and also

providing notice of opportunity to comment on the proposed penalty.

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 I proceedings under section 309(g) are conducted in accordance

with Subpart I of the proposed ``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,''(''proposed Part 22''), which has been

published in the Federal Register at 63 FR 9480 (February 25, 1998).

On October 5, 1998, EPA commenced the following Class I 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 12 and the FCI Constructors, San Diego,

California, Docket No. CWA-09-1999-001.

The Complaint proposes a penalty of Fifty-five Thousand Dollars

($55,000) for violations of NPDES Permit No. CA8000279 and Section

301(a) of the Act, 33 U.S.C. 1311(a), at the ``Interstate 5 Widening

Project'' in Orange County, California. EPA and the Respondents have

agreed to a proposed Consent Agreement in which the Respondents and

shall pay the civil penalty of $11,145.

The procedures by which the public may comment on a proposed Class

I penalty or participate in a Class I penalty proceeding are set forth

in proposed Part 22. The deadline for submitting public comment on a

proposed Class I penalty is thirty days after issuance of this public

notice. The Regional Administrator of EPA, Region 9 may issue an order

upon default if the Respondents in the proceeding fail to file a

response within the time period specified in proposed Part 22.

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

Part 22, review the complaint or other documents filed in these

proceedings, comment upon the proposed penalty, or participate in any

hearing that may be held, should contact Danielle Carr, Regional

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

94105, (415) 744-1391. Documents filed as part of the public record in

these proceedings are available for inspection during business hours at

the office of the Regional Hearing Clerk.

In order to provide opportunity for public comment, EPA will not

take final action in this proceeding prior to thirty days after

issuance of this notice.

Dated: October 7, 1998.

Alexis Strauss,

Acting Director, Water Division.

[FR Doc. 98-29017 Filed 10-28-98; 8:45 am]

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