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Mid-Atlantic Wetlands Enforcement Public Notices

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NOTICE OF INTENT TO ASSESS ADMINISTRATIVE PENALTY
AND
OPPORTUNITY FOR PUBLIC COMMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY -- REGION III
1650 Arch Street
Philadelphia, Pennsylvania 19103


Date of Notice:
March 26, 2009

Comment Period: Thirty (30) days from date of publication - April 25, 2009

Action: Notice of Proposed Assessment of Clean Water Act Section 309(g) Class I Penalty and Opportunity to Comment

NOTICE. The U.S. Environmental Protection Agency (EPA), Region III, is hereby giving notice that it has entered into a Consent Agreement and Final Order ("CAFO") which both commences and concludes the administrative action against James Gosnell, d/b/a American Auto and Truck Parts, 4725 Erdman Ave., Baltimore, Maryland which CAFO assesses an administrative penalty of twenty-six thousand dollars ($26,000) under Section 309(g) of the Clean Water Act, 33 U.S.C. Section 1319(g) for violation of its NPDES permit issued under the Clean Water Act. The following further identifies the case and should be included in any written comments submitted:

Name of Case:

In the Matter of James Gosnell, d/b/a American Auto and Truck Parts
4725 Erdman Ave.
Baltimore, Maryland 20160

Docket Number: CWA-3-2009-0122

Date Filed: March 26, 2009

Property Located At:

7930 Solley Road
Glen Burnie, MD 20160

OPPORTUNITY FOR COMMENT. Section 309(g) of the Act, 33 U.S.C. Section 1319(g) requires that interested persons be given notice of the proposed penalty and a reasonable opportunity to comment. Procedures by which the public may submit written comments or participate in the proceedings are described in 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, (Consolidated Rules), 40 C.F.R. Part 22. The deadline for submission of written public comments is thirty (30) days after issuance of the public notice. Comments should be made to:

Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Pursuant to 40 C.F.R. Section 22.13(b), this proceeding is simultaneously commenced and concluded by the issuance of a consent agreement and final order pursuant to Section 22.18(b)(2). In addition, Complainant shall notify the public before assessing a civil penalty and in the case of a proceeding proposed to be commenced pursuant to Section 22.13(b), no less than 40 days before the issuance of an order assessing a civil penalty.

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representatives to learn more about this action:

Jeff Lapp (lapp.jeffrey@epa.gov)
U.S. Environmental Protection Agency--Region III (3EA30)
1650 Arch Street
Philadelphia, PA 19103
215-814-2717

Pamela J. Lazos (lazos.pamela@epa.gov)
U.S. Environmental Protection Agency--Region III (3RC20)
1650 Arch Street
Philadelphia, PA 19103
215-814-2658

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