[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Notices]
[Page 66247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28276]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6894-5]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity to Comment Regarding Sharpe and Associates, 
and Palisades Development Company

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (``Act''). EPA 
is also providing notice of opportunity to comment on the proposed 
assessment.
    EPA is authorized under section 309(g) of the Act, 33 U.S.C. 
1319(g), to assess a civil penalty after providing the person subject 
to the penalty notice of the proposed penalty and the opportunity for a 
hearing, and after providing interested persons notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance. Under 
section 309(g), any person who without authorization discharges a 
pollutant to a navigable water, or who has violated the conditions of a 
National Pollutant Discharge Elimination System permit, as those terms 
are defined in section 502 of the Act, 33 U.S.C. 1362, may be assessed 
a penalty in a ``Class II'' administrative penalty proceeding.
    Class II proceedings under section 309(g) are conducted in 
accordance with the ``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,'' 40 CFR part 22 (``Consolidated Rules''), published at 64 
FR 40138, 40177 (July 23, 1999). The procedures through which the 
public may submit written comment 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 publication of this notice.
    On September 29, 2000, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with Danielle 
Carr, Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, 
San Francisco, California 94105, (415) 744-1391, the following 
Complaint:
    In the Matter of Sharpe and Associates, and Palisades Development 
Company, Oro Valley, Arizona, Docket No. CWA-09-2000-0013.
    The Complaint proposes a penalty of up to One Hundred Thirty Seven 
Thousand, Five Hundred Dollars ($137,500) for violations of NPDES 
Permit No. AZR100000, the reissued NPDES Permit No. AZR10*### and 
Section 301(a) of the Act, 33 U.S.C. 1311(a), at the Catalina Shadows 
Development Phase 4, Oro Valley, Arizona.
    The Complainant in this action is EPA Region IX.
    Complainant's address is: EPA Region IX, Attn: Hugh Barroll (ORC2), 
75 Hawthorne St., San Francisco, CA 94105.
    Respondents in this action are Sharpe and Associates and Palisades 
Development Company.
    Respondents addresses are: 

Sharpe and Associates, Inc., 4780 Rocky Crest Place, Tucson, AZ 85750
Palisades Development Company, Attn: Sidney Y. Kohn, 1200 N. El Dorado 
Place, Suite H-810, Tucson, AZ 85715

    Procedures by which the public may comment on a proposed Class II 
penalty or participate in a Class II penalty proceeding are set forth 
in the Consolidated Rules. The deadline for submitting public comment 
on a proposed Class II penalty is thirty days after issuance of public 
notice. The Regional Administrator of EPA, Region 9 may issue an order 
upon default if the respondent in the proceeding fails to file a 
response within the time period specified in the Consolidated Rules.

FOR FURTHER INFORMATION: 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 assessment, or otherwise 
participate in the proceeding should contact Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391. The administrative record for this 
proceeding is located in the EPA Regional Office identified above, and 
the file will be open for public inspection during normal business 
hours. All information submitted by Sharpe and Associates, and 
Palisades Development Company 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 these proceedings prior to thirty (30) days after the date of 
publication of this notice.

    Dated: October 24, 2000.
Mike Schulz,
Acting Director, Water Division.
[FR Doc. 00-28276 Filed 11-2-00; 8:45 am]
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