[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Page 52116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21916]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6858-7]


Proposed Administrative Penalty Assessment and Opportunity to 
Comment Regarding Rego Trucking Limited, Inc.

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

ACTION: Notice of Proposed Assessment of Clean Water Act Class I 
Administrative Penalty and Opportunity to Comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (``Act''). EPA 
is also providing notice of opportunity to comment on the proposed 
assessment.
    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 
I'' administrative penalty proceeding. Class I 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).
    On February 10, 2000, EPA commenced a Class I penalty proceeding 
for the assessment of penalties by filing the following Complaint with 
Danielle Carr, Regional Hearing Clerk, U.S. EPA, Region IX, 75 
Hawthorne Street, San Francisco, California 94105, (415) 744-1391:
    In the matter of Rego Trucking Limited, Inc., Docket No. CWA-9-
2000-0004, proposed penalty, up to $25,000; for the unauthorized 
discharge from Rego Trucking Limited, Inc., Kauai, Hawaii, during 
February, 1995, into a wetland identified as the ``jailhouse swamp'' on 
Kauai, Hawaii.
    Procedures through which the public may submit written comment 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 publication of 
this notice. The Regional Administrator of EPA, Region 9 may issue an 
order upon default if the respondent in the proceeding fails to file a 
response within the time period specified in the proposed Consolidated 
Rules.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of the 
proposed Consolidated Rules, review the complaint, proposed consent 
order, or other documents filed in the proceeding, comment upon the 
proposed penalty, or participate in any hearing that may be held, 
should contact Danielle Carr, Regional Hearing Clerk, U.S. EPA, Region 
9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 744-1391. All 
information submitted by Rego Trucking Limited, Inc., is available as 
part of the administrative record, subject to provisions of law 
restricting public disclosure of confidential information. The file is 
available for inspection during normal business hours at the office of 
the Regional Hearing Clerk. In order for the opportunity to comment, 
EPA will not take final action in the proceeding prior to thirty days 
after issuance of this notice.

    Dated: August 10, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-21916 Filed 8-25-00; 8:45 am]
BILLING CODE 5650-50-P