[Federal Register: November 1, 1999 (Volume 64, Number 210)]
[Notices]               
[Page 58846-58847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no99-56]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6466-2]

 
Clean Water Act Class I: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding The Gates Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding The Gates Corporation.

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SUMMARY: EPA is providing notice of opportunity to comment on the 
proposed assessment of an administrative penalty against The Gates 
Corporation. Under 33 U.S.C. 1319(g), EPA is authorized to issue orders 
assessing administrative penalties for violations of the Act. EEA may 
issue such orders after filing a Complaint commencing a Class I penalty 
proceeding. EPA provides public notice of the proposed assessment 
pursuant to 33 U.S.C. 1319(g)(4)(A).
    Class I proceedings are conducted under subpart I of EPA's 
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, 64 FR 40138, 
July 23, 1999 (effective August 23, 1999). The procedures by which the 
public may submit written comments on a proposed Class I order or 
participate in a Class I 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 I 
order is thirty (30) days after issuance of public notice.
    On September 29, 1999, EPA commenced the following Class I 
proceeding for the assessment of penalties by filing with the Regional 
Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 901 
North 5th Street, Kansas City, Kansas 66101, (913) 551-7630, the 
following complaint: In the Matter of The Gates Corporation; EPA Docket 
No, CWA-7-99-0018.
    The Complaint proposes a penalty of Eleven Thousand Dollars 
($11,000) for the discharge of wastewater with a pH factor of less than 
5 s.u. to the City of Versailles, Missouri publicly owned treatment 
plant (POTW) on or about November 11, 1998, and for causing pass though 
of low pH effluent from the City of Versailles POTW in violation of the 
city's permit on or about November 12, 1998, in violation of section 
307(d) 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

[[Page 58847]]

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 Gates Corporation 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 
notice.

    Dated: October 8, 1999.
Diane K. Callier,
Acting Regional Administrator, Region 7.
[FR Doc. 99-28463 Filed 10-29-99; 8:45 am]
BILLING CODE 6560-50-M