Clean Water Act Class I: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding The Gates Corporation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6466-2]

Clean Water Act Class I: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding The Gates Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding The Gates Corporation.

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

proposed assessment of an administrative penalty against The Gates

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

assessing administrative penalties for violations of the Act. EEA may

issue such orders after filing a Complaint commencing a Class I penalty

proceeding. EPA provides public notice of the proposed assessment

pursuant to 33 U.S.C. 1319(g)(4)(A).

Class I proceedings are conducted under subpart I of EPA's

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, 64 FR 40138,

July 23, 1999 (effective August 23, 1999). The procedures by which the

public may submit written comments on a proposed Class I order or

participate in a Class I 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 I

order is thirty (30) days after issuance of public notice.

On September 29, 1999, EPA commenced the following Class I

proceeding for the assessment of penalties by filing with the Regional

Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 901

North 5th Street, Kansas City, Kansas 66101, (913) 551-7630, the

following complaint: In the Matter of The Gates Corporation; EPA Docket

No, CWA-7-99-0018.

The Complaint proposes a penalty of Eleven Thousand Dollars

($11,000) for the discharge of wastewater with a pH factor of less than

5 s.u. to the City of Versailles, Missouri publicly owned treatment

plant (POTW) on or about November 11, 1998, and for causing pass though

of low pH effluent from the City of Versailles POTW in violation of the

city's permit on or about November 12, 1998, in violation of section

307(d) 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

[[Page 58847]]

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 Gates Corporation 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

notice.

Dated: October 8, 1999.

Diane K. Callier,

Acting Regional Administrator, Region 7.

[FR Doc. 99-28463 Filed 10-29-99; 8:45 am]

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