[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Page 66152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27618]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7402-4]


Clean Water Act--Notice of Issuance and Opportunity for Public 
Comment on an Administrative Complaint Filed by the Environmental 
Protection Agency, Region IX

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

ACTION: Notice.

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SUMMARY: On September 25, 2002, the U.S. Environmental Protection 
Agency, Region IX issued an Administrative Complaint: In the Matter of 
Bruce Birch and Future Mountain Development Trust, 3808 Rosecrans 
Street, #281, San Diego, California 92110. This Complaint proposes to 
issue a Final Order to Bruce Birch and Future Mountain Development 
Trust pursuant to section 309(g) of the Clean Water Act, 33 U.S.C. 
1319(g), assessing a civil penalty of up to $137,500 for violations of 
the Clean Water Act.
    The Complaint alleges that Bruce Birch and Future Mountain 
Development Trust violated the Clean Water Act by authorizing the 
discharge of dredge and fill material into a federally regulated water 
course, the San Luis Rey River in San Diego County, on numerous days in 
1998 and 1999 without a Clean Water Act section 404 permit issued by 
the U.S. Army Corps of Engineers.
    The U.S. Environmental Protection Agency is required by Clean Water 
Act section 309(g)(4)(A), 33 U.S.C. 1319(g)(4)(A), to provide public 
notice of and reasonable opportunity to comment on the proposal to 
issue an Administrative Order before issuing the final Order.
    Any person who comments on the proposal to issue a final 
Administrative Order shall be given notice of any hearing held in this 
matter. If a hearing is held, the commenter will be entitled to an 
opportunity to be heard and to present evidence. If no hearing is held, 
commenters may petition EPA to set aside any subsequent final Order and 
to hold a hearing. Commenters may also seek judicial review of the 
final Order pursuant to Clean Water Act section 309(g)(8), 33 U.S.C. 
1319(g)(8).

DATES: Persons wishing to comment on the proposal to issue a final 
Administrative Order may do so by submitting written comments, 
postmarked no later than fifteen days from the date this Notice is 
published, to the address below.

ADDRESSES: U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.

FOR FURTHER INFORMATION CONTACT: Requests for copies of the 
Administrative Complaint or further information on the matter should be 
directed to Marcela von Vacano at (415) 972-3905, or via mail at the 
above address, Mail Code ORC-2.

Catherine Kuhlman,
Acting Director, Water Division.
[FR Doc. 02-27618 Filed 10-29-02; 8:45 am]
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