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w u n a.
<br />§ 22.42
<br />§ 22.42. Supplemental rules governing
<br />the administrative assessment of
<br />civil penalties for violations of com-
<br />pliance orders issued to owners or
<br />operators of public water systems
<br />under part B of the Safe Drinking
<br />Water Act.
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings to assess
<br />a civil penalty under section
<br />1414(g)(3)(B) of the Safe Drinking Water
<br />Act, 42 U.S.C. 300g-3(g)(3)(Bj. Where in-
<br />consistencies exist between this sec-
<br />tion and §§22.1 through 22.32, this sec-
<br />tion shall apply.
<br />(b) Choice . of forum. A complaint
<br />which specifies, that subpart I of this
<br />part applies shall also state that re-
<br />spondent has a right to elect a hearing
<br />on the record in accordance with 5
<br />U:S.C. 554, _and that respondent waives
<br />this right unless it requests in its an-
<br />swer a hearing on the record in accord-
<br />ance with 5 U.S.C. 654. Upon such re-
<br />quest, the Regional Hearing Clerk shall
<br />recaption the documents in the record
<br />as necessary, and notify the parties of
<br />the changes.
<br />§22.43 Supplemental rules .governing
<br />the administrative assessment of
<br />civil penalties against a federal
<br />agency under the Safe Drinking
<br />Water Act.
<br />(a) Scope. This section-shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings to assess
<br />a civil penalty against a federal agency
<br />under section 1447(b) of the Safe Drink-
<br />ing Water Act, 42 U.S.C. 3001-6(b).
<br />Where inconsistencies exist between
<br />this section and §§211 through 22.32;
<br />this section shall apply.
<br />(b) Effective date of final penalty order.
<br />Any penalty order issued pursuant to
<br />this section and section 1447(b) of the
<br />Safe Drinking Water Act shall become
<br />effective 30 days after -it has been
<br />served on the parties.
<br />. (c) Public notice of final penalty order.
<br />Upon the issuance . of a final penalty
<br />order under this section, the Adminis-
<br />trator shall provide public notice of the
<br />order by publication, and by providing
<br />notice to any person who requests such
<br />notice. The notice shall include:
<br />(1) The docket number of the order;
<br />40 CFR Ch. 1 (7-1-05 Edition)
<br />(2) The address and phone number of
<br />the Regional Hearing Clerk from whom
<br />a copy of the order may be obtained;
<br />(3) The location of the facility where
<br />violations were found;
<br />(4) A description of the violations;
<br />(5) The penalty that was assessed,
<br />and
<br />(6) A notice that any, interested per-
<br />son may, within 30 days of the date the
<br />order becomes final, obtain judicial re-
<br />view of the penalty order pursuant to
<br />section 1447(b) of the Safe Drinking
<br />Water Act, and instruction that per-
<br />sons seeking judicial review shall pro-
<br />vide copies of any appeal to the persons
<br />described in 40 CFR 135.11(a)..
<br />§22.44 Supplemental rules of practice
<br />governing the termination of per-
<br />mits under section 402(a). of the
<br />Clean Water Act or under section
<br />3008(a)(3) of the Resource Con-
<br />servation and Recovery Act.
<br />(a) Scope of this subpart. The supple-
<br />mental rules of practice in this subpart
<br />shall also apply in conjunction--with
<br />the Consolidated Rules of Practice in
<br />this part and with the administrative
<br />proceedings for the termination of per-
<br />mits under section 402(a) of the Clean
<br />Water Act or under section 3008(a)(3) of
<br />the Resource Conservation and Recov-
<br />ery Act. Notwithstanding the Consoli-
<br />dated Rules of Practice, .these supple-
<br />mental rules shall govern with respect
<br />to the termination of such permits.
<br />(b) In. any proceeding to terminate a
<br />permit for cause under § 122.64 or § 270.43
<br />of this chapter during the term of the
<br />permit:
<br />(1) The complaint shall, in addition
<br />to the requirements of §22.14(b), con-
<br />tain any additional information speci-
<br />fied in § 124.8 of this chapter;
<br />(2) The Director (as defined in §124.2
<br />of this chapter) shall provide public no-
<br />tice of - the complaint in accordance
<br />with § 124.10 of this chapter, and. allow
<br />for public comment in accordance with
<br />§124.11 of this chapter; and
<br />(3) The Presiding Officer shall admit
<br />into evidence the. contents of the Ad-
<br />ministrative Record described in §124.9
<br />of this chapter, and any public com-
<br />ments received.
<br />(65 FR 30304, May 16, 20001
<br />Environmental Protection Agency
<br />§22.45 Supplemental rules governing
<br />public notice and comment in pro.
<br />ceedings under sections 309(g) and
<br />311(b)(6)(13)(ii) of the Clean Water
<br />Act and section 1423(c) of the Safe
<br />Drinking Water Act.
<br />.(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings for the
<br />assessment of any civil penalty under
<br />sections 309(8) and 311(b)(6)(B)(ii) of the
<br />Clean Water Act (33 U.S.C. 1319(g) and
<br />1321(b)(6)(B)(ii)), and under section
<br />1423(c) of the Safe Drinking Water Act
<br />(42 U.S.C. 300h-2(c)). Where inconsist-
<br />encies exist between this section and
<br />§§22:1 through 22.32, this section shall
<br />apply.
<br />(b) Public notice.-(1) General. Com-
<br />plainant shall notify the public before
<br />assessing a.civil penalty. Such notice
<br />shall be provided within 30 days fol-
<br />lowing proof of service of the com-
<br />plaint on the respondent or, in the case
<br />of a proceeding proposed to be com-
<br />menced pursuant to §22.13(b), no less
<br />than 40 days before the issuance of an
<br />order assessing a civil penalty. The no-
<br />tice period begins upon first publica-
<br />tion of notice.
<br />(2) Type and content of public notice.
<br />The complainant shall provide public
<br />notice of the complaint (or the pro-
<br />posed consent agreement-if §22.13(b) is
<br />applicable) by. a method reasonably
<br />calculated to provide notice, and shall
<br />also provide notice directly to any per-
<br />son who requests such notice. The no-
<br />tice shall include:
<br />(i) The docket number of the pro-
<br />ceeding;
<br />(ii) The name and address of the com-
<br />plainant and respondent, and the per-
<br />son from.whom information on the pro-
<br />ceeding may be obtained, and the ad-
<br />dress of the Regional Hearing Clerk to
<br />whom appropriate comments shall be
<br />directed;
<br />(iii) The location of the site or facil-
<br />ity from which the violations are al-
<br />leged, and any applicable permit num-
<br />ber;
<br />(iv). A description of. the violation al-
<br />leged and the relief sought; and
<br />(v) A notice that persons shall sub-
<br />mit comments to the Regional Hearing
<br />Clerk, and the deadline for such sub-
<br />missions.
<br />§ 22.45
<br />(c) Comment by a person who is not a
<br />party. The following provisions apply in
<br />regard to comment by a person not a
<br />party to a proceeding:
<br />(1) Participation in Proceeding. (1) Any
<br />person wishing to participate in the
<br />proceedings must notify the Regional
<br />Hearing Clerk in writing within the
<br />public notice period under paragraph
<br />(b)(1) of this section. The person must
<br />provide his name, complete mailing ad-
<br />dress, and state that he wishes to par-
<br />ticipate in the proceeding.:
<br />(11) The Presiding Officer shall pro-
<br />vide notice of any hearing on the mer-
<br />its to any person who has met the re-
<br />quirements of paragraph (c)(1)(i) of this
<br />section at least 20 days prior to the
<br />scheduled hearing.
<br />(iii) A commenter may present writ-
<br />ten comments for the record at any
<br />time prior to the close of the record.
<br />(iv) A commenter wishing to present
<br />evidence at a hearing on the merits
<br />shall notify, in writing, the Presiding
<br />Officer and the parties of its intent at
<br />least 10. days prior to the scheduled .
<br />hearing. This notice must include a
<br />copy of any document to be introduced,
<br />a description of the evidence to be pre-
<br />sented, and the identity of any witness
<br />(and -qualifications if an expert), and
<br />the subject matter of the testimony.
<br />(v) In any hearing on the merits, a
<br />commenter may present evidence, in-
<br />cluding direct testimony subject to
<br />cross examination by the parties.
<br />(vi) The Presiding Officer shall have
<br />the discretion t6 establish the. extent
<br />of . commenter. participation in 'any
<br />other scheduled activity.
<br />(2) Limitations. A commenter may not
<br />cross-examine any witness in any hear-
<br />ing and shall-not be.subject to'or par-
<br />ticipate.in any discovery or prehearing
<br />exchange.
<br />(3) Quick resolution and settlement. No
<br />proceeding subject to .the public notice
<br />and comment provisions of paragraphs
<br />(b) and (c) of this section may be re-
<br />solved or settled under §22.18, or C01117.
<br />menced under §22.13(b), until 10 days
<br />after the close of the comment period
<br />provided in paragraph (c)(1) of this sec-
<br />tion.
<br />QRQ
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