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EPA Proposes Penalty Against Neeser Construction, Inc. for Clean Water Act Violations on July 12, 2004.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 10 (ORC-158)
1200 6TH AVENUE
SEATTLE, WA 98101
Date of Notice: July 12, 2004
Comment Period Open Until: August 11, 2004
Action: Proposed Penalty Assessment under the Clean Water Act
Description of Violation and Relief Sought: Pursuant to Section 309(g)(4) of the Clean Water Act (“Act”), the Environmental Protection Agency, Region 10 (“EPA”) is providing public notice of the proposed penalty described below. In order to provide opportunity for public comment, EPA will not take final action in this proceeding prior to 40 days after publication of this notice.
EPA proposes to commence an administrative penalty action against Neeser Construction, Inc. (“Respondent”) for violation of the Clean Water Act (“CWA”). EPA alleges that the Respondent is in violation of its National Pollutant Discharge Elimination System (“NPDES”) storm water permit authorized under Section 402 of CWA. Violations include failure to have a complete SWPPP, and failure implement and maintain erosion control BMP’s. EPA proposes to assess a penalty in the amount of $6,150.
Persons wishing to comment on EPA’s proposed action or to become participants in this action may do so by submitting their address and telephone number, along with written comments, to the Regional Hearing Clerk at the address above within 30 days of the date of this notice. This is a Class I administrative penalty proceeding, governed by Section 309(g)(2)(A) of the CWA and the procedural rules found at 40 C.F.R. Part 22. The requirements that apply to public comment and participation are set forth in 40 C.F.R. § 22.45.
Name of Case: Neeser Construction, Inc.
Docket Number of the Complaint: CWA-10-2004-0131
Name and address of Complainant:
Kimberly Ogle, Manager
NPDES Compliance Unit
Office of Compliance and Enforcement
U.S. Environmental Protection Agency
Region 10 (OW-133)
1200 Sixth Avenue
Seattle, Washington 98101
Name and address of Respondent:
Neeser Construction, Inc.
2501 Blueberry
Anchorage, Alaska 99503
Name, address, and telephone number of Regional Hearing Clerk:
Carol Kennedy, Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 10 (ORC-158)
1200 Sixth Avenue
Seattle, Washington 98101
(206) 553-0242
Location of Facility: located in the John Wells Subdivision, Anchorage, AK
Applicable Permit No.: AKR10B995
Business/activity of Respondents: Construction
Comments Accepted: In accordance with 40 C.F.R. § 22.45, any person wishing to comment on or participate in this proceeding must notify the Regional Hearing Clerk within 30 days of this notice. The person must provide a name, complete mailing address, and any comments the person has on this action.
A copy of the administrative complaint is available for review and copying between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, at EPA’s Seattle Office (see address listed above).
For any additional information on this action, please contact Robert Grandinetti at (206) 553-1283.
Unit: NPDES Compliance Point of contact: Robert Grandinetti Email: grandinetti.robert@epa.gov Phone Number: (206) 553-1283 Last Updated: 07/12/2004 06:13:28 PM
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