[Federal Register: February 8, 1999 (Volume 64, Number 25)] [Notices] [Page 6078] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08fe99-86] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-6231-5] Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding the City of Homestead Village, MO AGENCY: Environmental Protection Agency (``EPA''). ACTION: Notice of proposed administrative penalty assessment and opportunity to comment regarding the city of Homestead Village, Missouri. ----------------------------------------------------------------------- SUMMARY: EPA is providing notice of opportunity to comment on the proposed assessment of an administrative penalty against the city of Homestead Village, Missouri. Under 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). Class II proceedings are conducted under EPA's Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits, 40 CFR part 22. The procedures by which the public may submit written comments 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 is thirty (30) days after issuance of public notice. On September 30, 1998, EPA commenced the following Class II proceeding for the assessment of penalties by filing with the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7630, the following complaint: In the Matter of the city of Homestead Village, Missouri; EPA Docket No. VII-98-W-0044. The Complaint proposes a penalty of One Hundred Thirty Thousand Dollars ($130,000) for the discharge of pollutants to an unnamed tributary of Fishing River in violation of the facility's National Pollutant Discharge Elimination System (NPDES) permit and sections 301 and 402 of the Clean Water Act. FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of EPA's Consolidated Rules, review the Complaint or other documents filed in this proceeding, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact the Regional Hearing Clerk identified above. The administrative record for the proceeding is located in the EPA Regional Office at the address stated above, and the file will be open for public inspection during normal business hours. All information submitted by the city of Homestead Village 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 this proceeding prior to thirty (30) days from the date of this document. Dated: January 26, 1999. Dennis Grams, Regional Administrator, Region 7. [FR Doc. 99-2788 Filed 2-5-99; 8:45 am] BILLING CODE 6560-50-M