[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Notices]
[Page 62717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26910]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6887-4]


Clean Water Act Class II: Proposed Consent Agreement and 
Opportunity to Comment Regarding the City of San Buenaventura 
Proceeding Under Clean Water Act Section 309(g)(1), (2)(B) and 40 CFR 
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 violates section 405 of the Clean Water 
Act, 33 U.S.C. 1345, 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 forty (40) days after publication of this notice.
    On September 29, 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 the City of San Buenaventura, Docket No. CWA-09-
99-0014.
    For the alleged violations set forth in the Consent Agreement, 
Respondents agree to pay to the United States a civil penalty of 
$17,507 (seventeen thousand five hundred and seven dollars) and perform 
a Supplementary Environmental Project of $86,493 (eighty six thousand, 
four hundred and ninety three dollars), a total of $104,000 (one 
hundred and four thousand dollars) for violations of section 405(a) of 
the Act, 33 U.S.C. 1345(a), for the application of sewage sludge at 
greater than agronomic rates.
    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 the City of San Buenaventura 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 forty 
(40) days after the date of publication of this notice.

    Dated: October 11, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-26910 Filed 10-18-00; 8:45 am]
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