[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Page 52920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26267]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7086-5]


Clean Water Act Class II: Proposed Consent Agreement and 
Opportunity To Comment Regarding the South Eastt Regional Reclamation 
Authority (``S.E.R.R.A.'') Proceeding Under Clean Water Act Section 
309(g)(i), (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 Complaint/Consent 
Agreement for alleged violations of the Clean Water Act (``Act''). EPA 
is also providing notice of opportunity to comment on the proposed 
Complaint/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 under 40 CFR 22.13(b) and 22.45(b) is forty (40) days after 
publication of this notice.
    On September 28, 2001 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 Complaint/Consent 
Agreement:
    In the Matter of South East Regional Reclamation Authority 
(S.E.R.R.A.), Docket No. CWA-9-2001-0004.
    For the alleged violations set forth in the Complaint/Consent 
Agreement, Respondent S.E.R.R.A. agrees to pay to the United States a 
civil penalty of $72,000 (seventy-two thousand dollars) for violations 
of section 405 of the Act, 33 U.S.C. 1345, for the preparation and 
application of improperly treated sewage sludge.
    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 forty (40) days after issuance of 
public notice in a proceeding pursuant to section 309(g)(1) of the Act 
and 40 CFR 22.13(b) and 22.45(b).

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
EPA's Consolidated Rules, review the Complaint/Consent Agreement or 
other documents filed in this proceeding comment upon the proposal 
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 
S.E.R.R.A. 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: September 28, 2001.
Mike Schultz,
Director, Water Division.
[FR Doc. 01-26267 Filed 10-17-01; 8:45 am]
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