Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty and Opportunity To Comment

Zusammenfassung

Pursuant to section 309(g) of the Federal Clean Water Act, 33 U.S.C. 1319(g), EPA is authorized to assess a Class II administrative penalty of up to $125,000 against any person who, without authorization, discharges a pollutant to a water of the U.S., as those terms are defined in section 502 of the Act, 33 U.S.C. 1362, and its implementing regulations. As required under section 309(g)(4), 33 U.S.C. 1319(g)(4), EPA Region IX hereby gives notice of the following proposed Class II penalty action and the public's opportunity to comment on it. On August 13, 1996, EPA Region IX commenced proceedings to assess a Class II penalty of $115,000 against the City of San Diego, San Diego County, California 92101 (In the Matter of City of San Diego, Kearny Mesa Site, EPA Docket No. CWA-IX-FY94-46) by filing a complaint with the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105 (415) 744-1389. The complaint alleges that between July 1992 and May 1993, on at least two occasions, a lessee of the City of San Diego, used earth moving or other construction equipment to discharge earthen material and chipped vegetation (bark) i