Public Notices

UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY
REGION III
Environmental Assessment and Innovation Division (3EA30)
1650 Arch Street
Philadelphia, Pennsylvania 19103-2029

In accordance with Section 309(g) of the Clean Water Act ("the Act"), 33 U.S.C. § 1319(g), notice is hereby given that the United States Environmental Protection Agency ("EPA") is proposing an administrative civil penalty against the Respondent named below.

Public Notice Issue Date: July 1, 2008

DOCKET NUMBER:  CWA -03-2008-0364DW

RESPONDENT:       Ohio County Development Authority

                                    1500 Chapline Street, Room 215
                                    Wheeling, West Virginia 26003
                                                                                                                                   
Respondent’s industrial activity is classified as Standard Industrial Classification (SIC) code number 9611 Administration of General Economic Programs

SUMMARY OF VIOLATIONS:

Respondent discharged dredge material and graded approximately 1,622 linear feet of two unnamed tributaries to Middle Wheeling Creek which flows to the Ohio River. Respondent has violated Section 301(a) of the Clean Water Act (“Act”), 33 U.S.C. § 1311 (a), by failing to obtain a permit for the discharge of pollutants to waters of the United States.

PROPOSED ADMINISTRATIVE PENALTY:

Based on the foregoing and having taken into account the nature, circumstances, extent and gravity of the violation(s), Respondent=s ability to pay, prior history of compliance, degree of culpability, economic benefit or savings resulting from the violations, and such other matters as justice may require pursuant to the authority of Section 309(g) of the Act, 33 U.S.C. ' 1319(g), EPA Region III proposes to assess an administrative civil penalty in the amount of thirty five thousand dollars ($35,000)  against the Ohio County Development Athority pursuant to Section 309 of the CWA, 33 U.S.C. ' 1319, and is consistent with 40 C.F.R. Part 19.

OPPORTUNITY TO COMMENT ON PROPOSED PENALTY ASSESSMENT:

Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within forty (40) days of the date of the public notice. All comments received within this forty (40) day period will be considered in the formulation of the final order. All comments must include the name, address, and telephone number of the authority and a concise statement of the basis for any comment and any relevant facts on which it is based.

Comments are being accepted until August 09, 2008. 

All comments should be addressed to:
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103

AVAILABILITY OF INFORMATION:
Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk.

REGISTER OF INTERESTED PERSON:
Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.