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Clean Water Act Civil Penalty Order Public Notice

Action: Notice of Proposed Administrative Penalty Assessments pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), Class I and II Civil 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 Correction 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 Procedure 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 Regional 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 and up to $157,500, respectively, as identified in the Table of Clean Water Act Civil Penalty Order Public Notices.

Action: Notice of Proposed Administrative Penalty Assessments pursuant to Section 311(b)(6)(A) of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(A), Class II Civil Penalties and Opportunity for Comment.

EPA is authorized under Section 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(B)(ii), to assess Class II 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 311(b)(6)(A), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility (i) from which oil or a hazardous substance is discharged or (ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject may be administratively assessed a civil penalty of up to $157,500 for a Class II proceeding by EPA, pursuant to Section 311(b)(6)(B)(ii). Class II proceedings for Section 311 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 Procedure 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 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 Regional Hearing Clerk within thirty (30) days after the issuance of this public notice.

Pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(C)(i), EPA is providing public notice of the following proposed Class II administrative penalty assessments of up to $157,500 as identified in the Table of Clean Water Act Civil Penalty Order Public Notices.

Pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), Class I and II Civil Penalty public notices are authorized by:

Director
Water, Wetlands, and Pesticides Division
U.S. Environmental Protection Agency
Region 7
11201 Renner Blvd
Lenexa, KS  66219

Pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321(b)(6)(C)(i), Class II Civil Penalty public notices are authorized by:

Director
Air and Waste Management Division
U.S. Environmental Protection Agency
Region 7
11201 Renner Blvd
Lenexa, KS  66219

Mailing address of the Regional Hearing Clerk for providing public comments:

Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 7
11201 Renner Blvd
Lenexa, KS  66219

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 address, and the Docket Number for the case on which you are commenting.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of Part 22, to 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 is located at the EPA Regional Office, 11201 Renner Blvd, Lenexa, Kansas 66219, and the file will be open for public inspection between the hours of 8:00 a.m. and 4:00 p.m. In addition, Part 22 can be viewed and/or downloaded, and the complaint (where applicable) or other documents filed by the parties in this proceeding may be viewed or downloaded at http://yosemite.epa.gov/oa/rhc/epaadmin.nsf.

Persons wishing to receive information on Section 309(g) proceedings should contact: Diane Huffman, Chief, Water Enforcement Branch, Water, Wetlands & Pesticides Division, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219, huffman.diane@epa.gov.

Persons wishing to receive information on Section 311 proceedings should contact: Margaret Stockdale, Chief, Storage Tanks & Oil Pollution Branch, Air, RCRA & Toxics Division, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219, stockdale.margaret@epa.gov.

In order to provide opportunity for public comment, EPA will not take final action in each proceeding prior to forty (40) days after issuance of each notice (see “Date” field in the Table of Clean Water Act Civil Penalty Order Public Notices).


Click here to view the Table of Clean Water Act Civil Penalty Order Public Notices

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This information is intended to reflect only current public notices.


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