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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-2788

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 8, 1999
- **Citation:** 64 FR 6078

## Text

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]
BILLING CODE 6560-50-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-2788. Public record. Not legal advice.