Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding the City of Homestead Village, MO

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6231-5]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding the City of Homestead

Village, MO

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding the city of Homestead Village,

Missouri.

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

proposed assessment of an administrative penalty against the city of

Homestead Village, Missouri. 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 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 is thirty (30) days after issuance

of public 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. 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 Homestead Village,

Missouri; EPA Docket No. VII-98-W-0044.

The Complaint proposes a penalty of One Hundred Thirty Thousand

Dollars ($130,000) for the discharge of pollutants to an unnamed

tributary of Fishing River in violation of the facility's National

Pollutant Discharge Elimination System (NPDES) permit and sections 301

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

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 Homestead Village 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: January 26, 1999.

Dennis Grams,

Regional Administrator, Region 7.

[FR Doc. 99-2788 Filed 2-5-99; 8:45 am]

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