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Water Enforcement Branch Public Notice

Clean Water Act Public Notice:

Action: Notice of Proposed Assessments of Clean Water Act Section 309(g) Class I and II Administrative Penalties and Opportunity to Comment.

EPA is authorized under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalties and a reasonable opportunity to comment on their 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 administratively assessed a civil penalty of up to $32,500 for Class I proceedings and up to $157,500 for Class II proceedings by EPA. Class I and II proceedings for Section 309(g) of the Clean Water Act are conducted in accordance with the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, Revocation, Termination or Suspension of Permits", 64 Fed. Reg. 40138 (July 23, 1999)("Part 22"), including Rules related to Administrative Proceedings Not Governed by § 554 of the Administrative Practices Act, 40 C.F.R. §§ 22.50 - 22.52 (64 Fed. Reg. 40138, 40190).

The procedures by which the public may submit written comments on a proposed Class I or II penalty order are set forth in Part 22. Any person wishing to comment on a proposed penalty order must submit written comments to the Hearing Clerk within thirty (30) days after the issuance of this public notice.

Pursuant to Section 309(g)(4) of the Clean Water Act, 33 U.S.C. § 1319(g)(4), EPA is providing public notice of the following proposed Class I and II administrative penalty assessments of up to $32,500 or $157,500, respectively, as identified in Table of Water Enforcement Branch Public Notices.

Oil Pollution Act (Section 311 of the Federal Water Pollution Control Act, aka the Clean Water Act) Public Notice:

Action: Notice of Proposed Administrative Penalty Assessment and Opportunity to Comment pursuant to 33 U.S.C. § 1321(b)(6)(C)(i).

EPA is authorized by 33 U.S.C. § 1321(b)(6)(B)(ii) to assess Class II Civil Penalties of up to $157,500. These proceedings are conducted in accordance with the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, Revocation, Termination or Suspension of Permits", 64 Fed. Reg. 40138 (July 23, 1999)("Part 22"), including Rules related to Administrative Proceedings Not Governed by § 554 of the Administrative Practices Act, 40 C.F.R. §§ 22.50 - 22.52 (64 Fed. Reg. 40138, 40190). EPA is providing public notice of the following proposed Class II administrative penalty assessments of up to $157,500 as identified in Table of Water Enforcement Branch Public Notices.

Safe Drinking Water Act (SDWA) Underground Injection Control Public Notice:

Action: Notice of Proposed Assessments of SDWA Administrative Orders with civil penalties (Safe Drinking Water Act (SDWA) § 1423(c), 42 USC 300(h)-2(c)), and Public Notice of, and reasonable opportunity to comment on, the proposed Orders.

EPA is authorized under SDWA § 1423(c), 42 USC 300(h)-2(c) to issue Administrative Orders for compliance and/or with civil penalties. EPA is required to give Public Notice and reasonable opportunity to comment on the proposed Orders (PHSA § 1423(c)(3)(B), 42 USC 300(h)-2(c)(3)(B).

In accordance with the Civil Monetary Penalty Inflation Adjustment Rule (69 FR No. 30, February 13, 2004, p 7121), and effective beginning March 15, 2004, these SDWA Order penalties have been set according to the following table:

Pursuant to SDWA § 300(h)-2(c)(3)(B), 42 USC 1423(c)(3)(B), EPA is providing public notice of the following proposed Administrative Orders, as identified in Table of Water Enforcement Branch Public Notices.

These public notices are authorized by:

Mr. Mike Michaud, Chief
Water Enforcement Branch
Compliance Assurance and
Enforcement Division (6EN-W)
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Dallas, Texas 75202-2733

Mailing address, telephone number and e-mail of the Regional Hearing Clerk for providing public comments:

Regional Hearing Clerk (6RC-HO)
U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
(214) 665-8021
vaughn.lorena@epa.gov

Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, e-mail, and the Docket Number for the case to which your are commenting.

FOR FURTHER INFORMATION: Persons wishing to receive a hard copy of Part 22, review the complaint, where applicable, or other documents filed by the parties in this proceeding, comment upon the proposed penalty assessment, or participate in any hearing that may be held should contact the Regional Hearing Clerk. Unless otherwise noted, the public record for the proceedings are located in the EPA Regional Office at 1445 Ross Avenue, Dallas, Texas 75202-2733, and the file will be open for public inspection during business hours.

Persons wishing to receive information on Clean Water Act proceedings should contact: Ms. Estella Sugaware-Adams, Chief, NPDES Compliance Monitoring Section, Water Enforcement Branch, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202-2733, sugawara-adams.estella@epa.gov.

Persons wishing to receive information on Safe Drinking Water Act, Underground Injection Control proceedings should contact: Mr. Ronald Van Wyk, AR/LA/OK NPDES (UIC) Section, Water Enforcement Branch, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202-2733, vanwyk.ron@epa.gov.

In order to provide opportunity for public comment, EPA will not take final action in each proceeding prior to thirty (30) days after issuance of each notice (see "Date of Public Notice" field in the Table of Water Enforcement Branch Public Notices).

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NPDES Public Notices
This information is intended to reflect only current public notices.

Many of these public notices are Storm Water Public Notices and are a result of the NPDES Storm Water Construction Expedited Settlement Order program. More information can be obtained on this program from the ESO web page at www.epa.gov/region6/6en/w/eso.htm.

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