[Federal Register Volume 65, Number 194 (Thursday, October 5, 2000)]
[Notices]
[Page 59417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25601]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6881-2]


Clean Water Act Class II: Proposed Consent Agreement and 
Opportunity To Comment Regarding Jaxon Enterprises, Inc. and Creative 
Living Partnership Proceeding Under Clean Water Act Section 309(g)(1), 
(2)(B) and 40 CFR Part 22.13(b)

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

ACTION: Notice.

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SUMMARY: EPA is providing notice of a proposed Consent Agreement for 
alleged violations of the Clean Water Act (``Act''). EPA is also 
providing notice of opportunity to comment on the proposed Consent 
Agreement.
    EPA is authorized under section 309(g) of the Act, 33 U.S.C. 
1319(g), to assess a civil penalty after providing the person subject 
to the penalty notice of the proposed penalty and the opportunity for a 
hearing, and after providing interested persons notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance. Under 
section 309(g), any person who without authorization discharges a 
pollutant to a navigable water, as those terms are defined in section 
502 of the Act, 33 U.S.C. 1362, may be assessed a penalty in a ``Class 
II'' administrative penalty proceeding.
    Class II proceedings under section 309(g) are conducted in 
accordance with the ``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,'' 40 CFR part 22 (``Consolidated Rules''), published at 64 
FR 40138, 40177 (July 23, 1999). The procedures through which the 
public may submit written comment 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 publication of this notice.
    On September 26, 2000, EPA filed with Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following Consent Agreement:
    In the Matter of Jaxon Enterprises and Creative Living, Buena 
Ventura Boulevard Extension, City of Redding, Shasta County, 
California, Docket No. CWA-09-99-0005.
    For the alleged violations set forth in the Consent Agreement, 
Respondents agree to pay to the United States a civil penalty of 
$60,000 (sixty thousand dollars) for violations of NPDES Permit No. 
CAS000002 (issued by the California State Water Resources Control Board 
(Order No. 92-08-DWQ)) and section 301(a) of the Act, 33 U.S.C. 
1311(a), at the Buena Ventura Boulevard Extension, City of Redding, 
Shasta County, California.
    Procedures by which the public may comment on a proposed Class II 
penalty or participate in a Class II penalty proceeding are set forth 
in the Consolidated Rules. The deadline for submitting public comment 
on a proposed Class II penalty is thirty days after issuance of public 
notice.

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 assessment, or otherwise 
participate in the proceeding should contact Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391. The administrative record for this 
proceeding is located in the EPA Regional Office identified above, and 
the file will be open for public inspection during normal business 
hours. All information submitted by Jaxon Enterprises and Creative 
Living 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 these proceedings 
prior to thirty (30) days after the date of publication of this notice.

    Dated: September 26, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-25601 Filed 10-4-00; 8:45 am]
BILLING CODE 6560-50-U