# Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding United States Cellular Corporation > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-2316 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** February 1, 1999 - **Citation:** 64 FR 4870 ## Text ENVIRONMENTAL PROTECTION AGENCY [FRL-6228-5; CWA-HQ-99-001] Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding United States Cellular Corporation AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: EPA has filed a civil administrative complaint against United States Cellular Corporation (``U.S. Cellular'') for failure to prepare a Spill Prevention Control and Countermeasure (``SPCC'') plan for one facility where it stored diesel oil in two above ground tanks in violation of the Clean Water Act (``CWA'') and its implementing regulations. EPA, pursuant to CWA section 311, has proposed to assess a civil penalty and provided notice to U.S. Cellular of its right to request a hearing. The Administrator, as required by CWA section 311, is providing public notice and opportunity for interested persons to comment on the complaint and the final proposed order. DATES: Comments on the complaint and the proposed order are due on or before March 3, 1999. ADDRESSES: Mail written comments to Enforcement & Compliance Docket and Information Center (2201A), Docket Number EC-1999-01, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. In person, deliver comments to Enforcement & Compliance Docket Information Center, U.S. Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC. Comments may also be submitted electronically to: [email protected]. Comments may be submitted on disk in [[Page 4871]] WordPerfect 8.0 or earlier version. Electronic comments on the complaint and this proposed order may be filed online at many Federal Depository Libraries. The complaint, consent agreement, the proposed final order, and public comments, if any, may be reviewed at the Enforcement & Compliance Docket Information Center, U.S. Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC. Persons interested in reviewing these materials must make advance arrangements to do so by calling 202-564-2614. A reasonable fee may be charged by EPA for copying docket materials. The public record of the administrative enforcement proceeding is located in the Office of the EPA Headquarters Hearing Clerk, Ms. Bessie Hammiel, Rm. C-400, 401 M St., SW., Washington, DC, Monday through Friday, excluding legal holidays from 8 a.m. to 4:30 p.m.; telephone (202) 260-4865. FOR FURTHER INFORMATION CONTACT: Mr. Philip Milton, Multimedia Enforcement Division (2248-A), U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; telephone (202) 564-2235; fax (202) 564-0010; e-mail: [email protected]. SUPPLEMENTARY INFORMATION: Electronic Availability: Electronic copies of this document are available from the EPA Home Page under the link ``Laws and Regulations'' at the Federal Register--Environmental Documents entry (http://www.epa.gov/fedrgstr/). I. Background U.S. Cellular, 8410 W. Bryn Mawr Ave., Chicago IL 60631, self- disclosed to EPA that it had failed to prepare a SPCC plan for one facility where it stored diesel oil in two above ground tanks in violation of Section 311 of the CWA and 40 CFR Part 112. The disclosure was made pursuant to the EPA ``Incentives for Self-Policing: Discovery, Disclosures, Correction and Prevention of Violations' (``Audit Policy''), 60 FR 66,706, (December 22, 1995). EPA filed an administrative civil complaint against U.S. Cellular on January 25, 1999 (In the matter of United States Cellular Corporation, Docket No. CWA-HQ-99-001). The CWA administrative penalty proposed in the complaint is $14,127. EPA intends to settle this action pursuant to the Audit Policy. Using the criteria set forth in the policy, EPA intends to waive any gravity based penalty and collect the economic benefit gained by the Respondent because of delayed compliance with the SPCC regulations. The proposed settlement figure for this CWA violation is $1,127. This settlement is subject to public notice and comment under CWA section 311, 33 U.S.C. 1321. Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, operator, or person in charge of a vessel, onshore facility, or offshore facility from which oil is discharged in violation of CWA section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to comply with any regulations that have been issued under CWA section 311(j), 33 U.S.C. 1321(j) may be administratively assessed a civil penalty of up to $137,500 by EPA. Class II proceedings under CWA section 311(b)(6) are conducted in accordance with 40 CFR Part 22. The procedures by which the public may submit written comments on the complaint and on a proposed Class II penalty order or participate in a Class II penalty proceeding are set forth in 40 CFR 22.38. The deadline for submitting public comment on the complaint and this proposed Class II order is March 3, 1999. All comments will be transferred to the Environmental Appeals Board (EAB) for consideration and/or incorporation into the final order. The powers and duties of the EAB are outlined in 40 CFR 22.04(a). In order to provide an opportunity for public comment, EPA will not take final action in this proceeding prior to the close of the public comment period. List of Subjects Environmental protection. Dated: January 27, 1999. Melissa P. Marshall, Director, Multimedia Enforcement Division, Office of Enforcement and Compliance Assurance. [FR Doc. 99-2316 Filed 1-29-99; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-2316. Public record. Not legal advice.