[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Notices]
[Page 58048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29017]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6181-8]


Clean Water Act Class I: Proposed Administrative Penalty 
Assessment and Opportunity to Comment Regarding the California 
Department of Transportation and FCI Constructors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding the California Department of 
Transportation and FCI Constructors, San Diego, California (together 
the ``Respondents'').

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
for alleged violations of the Clean Water Act (the ``Act'') and also 
providing notice of opportunity to comment on the proposed penalty.
    Under 309(g) of the Act, 33 U.S.C. 1319(g), EPA is authorized to 
issue orders assessing civil penalties for various violations of the 
Act. EPA may issue such orders after filing a Complaint commencing 
either a Class I or Class II penalty proceeding. EPA provides public 
notice of the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(a). 
Class I proceedings under section 309(g) are conducted in accordance 
with Subpart I of the proposed ``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,''(''proposed Part 22''), which has been 
published in the Federal Register at 63 FR 9480 (February 25, 1998).
    On October 5, 1998, EPA commenced the following Class I proceeding 
for the assessment of penalties by filing with the Regional Hearing 
Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following Complaint:

    In the Matter of the State of California, Department of 
Transportation, District 12 and the FCI Constructors, San Diego, 
California, Docket No. CWA-09-1999-001.

    The Complaint proposes a penalty of Fifty-five Thousand Dollars 
($55,000) for violations of NPDES Permit No. CA8000279 and Section 
301(a) of the Act, 33 U.S.C. 1311(a), at the ``Interstate 5 Widening 
Project'' in Orange County, California. EPA and the Respondents have 
agreed to a proposed Consent Agreement in which the Respondents and 
shall pay the civil penalty of $11,145.
    The procedures by which the public may comment on a proposed Class 
I penalty or participate in a Class I penalty proceeding are set forth 
in proposed Part 22. The deadline for submitting public comment on a 
proposed Class I penalty is thirty days after issuance of this public 
notice. The Regional Administrator of EPA, Region 9 may issue an order 
upon default if the Respondents in the proceeding fail to file a 
response within the time period specified in proposed Part 22.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of proposed 
Part 22, review the complaint or other documents filed in these 
proceedings, 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 St., San Francisco, CA 
94105, (415) 744-1391. Documents filed as part of the public record in 
these proceedings are available for inspection during business hours at 
the office of the Regional Hearing Clerk.
    In order to provide opportunity for public comment, EPA will not 
take final action in this proceeding prior to thirty days after 
issuance of this notice.

    Dated: October 7, 1998.
Alexis Strauss,
Acting Director, Water Division.
[FR Doc. 98-29017 Filed 10-28-98; 8:45 am]
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