[Federal Register: December 19, 2002 (Volume 67, Number 244)]
[Notices]               
[Page 77786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de02-64]                         


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ENVIRONMENTAL PROTECTION AGENCY


[FRL-7424-8]


 
Proposed Administrative Penalty Assessment and Opportunity To 
Comment


AGENCY: Environmental Protection Agency.


ACTION: Notice of proposed assessment of clean water act class II 
administrative penalty and opportunity to comment.


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SUMMARY: EPA is providing notice of a proposed administrative penalty 
for alleged violations of the Clean Water Act. EPA is also providing 
notice of opportunity to comment on the proposed penalty.
    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 
proceeding:
    In the Matter of Phelps Dodge Corp., Christmas Facility, Docket No. 
CWA-9-2002-0011; Complainant, Alexis Strauss, Director, Water Division 
(WTR-1), U.S. EPA, Region 9, 75 Hawthorne St., San Francisco, CA 94105; 
Respondent, Phelps Dodge Corp.; filed September 30, 2002; seeking a 
penalty of up to $137,500 for various discharges from an inactive 
copper mine and copper ore processing facility, known as the Christmas 
Facility, located near Winkelman, AZ, to Dripping Springs Wash, in 
violation of NPDES Permit No. AZ0020516, and for various violations of 
reporting requirements of that permit.
    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.


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) 972-3871. 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: December 12, 2002.
Kathi Moore,
Chief, Clean Water Act Compliance Office, Water Division.
[FR Doc. 02-31980 Filed 12-18-02; 8:45 am]

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