[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Notices]
[Pages 67370-67371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28711]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6898-6]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessments and Opportunities to Comment Regarding Mr. Richard Westra, 
H&R Westra Dairy and Mr. Bernard Teunissen, Beranna Dairy

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Assessments of Clean Water Act Class II 
Administrative Penalties and opportunity to comment.

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SUMMARY: EPA is providing notice of proposed administrative penalties 
for alleged violations of the Clean Water Act. EPA is also providing 
notice of opportunity to comment on the proposed penalties.
    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 has violated the conditions of a 
National Pollutant Discharge Elimination System permit may be assessed 
a penalty in a ``Class II'' administrative penalty proceeding. Class II 
proceedings under section 309(g) are conducted in accordance with 
consolidated rules of practice governing the administrative assessment 
of civil penalties, 40 CFR part 22.
    EPA is providing notice of the following Class II penalty 
proceedings:
    In the Matter of Richard Westra, Docket No. CWA-9-2000-0011; 
Complainant, Alexis Strauss, Director, Water Division, U.S. EPA, Region 
9, 75 Hawthorne St., San Francisco, CA 94105; Respondent, Mr. Richard 
Westra, H&R Westra Dairy, 7851 Bickmore Avenue, Chino, CA 91710; filed 
September 28, 2000; seeking a penalty of up to $137,500 for various 
discharges from H&R Westra Dairy to a natural drainage channel which 
flows to the Prado Flood Control Basin and the Santa Ana River, in 
violation of ``General Waste Discharge Requirements for Concentrated 
Animal Feeding Operations, including Dairies, within the Santa Ana 
Region,'' NPDES No. CAG018001, and for various violations of conditions 
of that permit related to construction and maintenance of containment 
structures, inundation protection, surface runoff, drainage diversion, 
and other operational requirements.
    In the Matter of Bernard Teunissen, Docket No. CWA-9-2000-0012; 
Complainant, Alexis Strauss, Director, Water Division, U.S. EPA, Region 
9, 75 Hawthorne St., San Francisco, CA 94105; Respondent, Mr. Bernard 
Teunissen, Beranna Dairy, 16015 Mountain Avenue, Chino, CA 91710; filed 
September 29, 2000; seeking a penalty of up to $137,500 for various 
discharges from Beranna Dairy to Cypress Creek Channel, which flows to 
Chino Creek, the Prado Flood Control Basin and the Santa Ana River, in 
violation of ``General Waste Discharge Requirements for Concentrated 
Animal Feeding Operations, including Dairies, within the Santa Ana 
Region,'' NPDES No. CAG018001, and for various violations of conditions 
of that permit related to construction and maintenance

[[Page 67371]]

of containment structures, surface runoff, drainage diversion, and 
other operational requirements.
    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. A commenter may present written comments for 
the record at any time prior to the close of the record or by such date 
as the presiding officer may set.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
the consolidated rules, review the complaint or other documents filed 
in the proceedings, or comment or participate in the proceedings, 
should contact Danielle Carr, Regional Hearing Clerk, U.S. EPA, Region 
9, 75 Hawthorne St., San Francisco, CA 94105, (415) 744-1391. Documents 
filed as part of the public record in the proceedings are available for 
inspection during business hours at the office of the Regional Hearing 
Clerk.

    Dated: October 27, 2000.
Alexis Strauss,
Director, Water Division.
[FR Doc. 00-28711 Filed 11-8-00; 8:45 am]
BILLING CODE 6560-50-P