Clean Water Act Class II: Proposed Administrative Penalty Assessment and opportunity to Comment Regarding Alliance Water Resources, Inc.

Federal RegisterMay 27, 1999

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6349-6]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and opportunity to Comment Regarding Alliance Water

Resources, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding Alliance Water Resources, Inc.

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SUMMARY: EPA is providing notice of opportunity to comment on the

proposed assessment of an administrative penalty against Alliance Water

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

orders assessing administrative penalties for violations of the Act.

EPA may issue such orders after filing a Complaint commencing, a 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 are conducted under EPA's Consolidated Rules

of Practice Governing the Administrative Assessment of Civil Penalties

and the Revocation or Suspension of Permits, 40 CFR part 22. The

procedures by which the public may submit written comments 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 in thirty (30) days after issuance

of public notice.

On May 11, 1999, EPA commenced the following Class II 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 Alliance Water Resources, Inc.; EPA

Docket No, CWA-7-99--0011.

The Complaint proposes a penalty of Fifty-Six Thousand Seven

Hundred Dollars ($56,700) for the discharge of sludge and other solids

to waters of the U.S. in violation of Sections 301(a) and 402 of the

Clean Water Act.

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

[[Page 28820]]

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 Alliance Water Resources, Inc. 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 (3) days from the date of this

document.

Dated: May 15, 1999.

William Rice,

Acting Regional Administrator, Region VII.

[FR Doc. 99-13198 Filed 5-26-99; 8:45 am]

BILLING CODE 6560-50-M

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Clean Water Act Class II: Proposed Administrative Penalty Assessment and opportunity to Comment Regarding Alliance Water Resources, Inc. · 64 FR 28819 | Frix