[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR135.11]

[Page 494]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 135--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
        Subpart B--Prior Notice Under the Safe Drinking Water Act
 
Sec. 135.11  Service of notice.

    (a) Notice of intent to file suit pursuant to section 1449(a)(1) of 
the Act shall be served in the following manner upon an alleged violator 
of any requirement prescribed by or under the Act:
    (1) If the alleged violator is an individual or corporation, service 
of notice shall be accomplished by certified mail, return receipt 
requested, addressed to, or by personal service upon, such individual or 
corporation. If a public water system or underground injection well is 
alleged to be in violation, service shall be upon the owner or operator. 
A copy of the notice shall be sent by certified mail, return receipt 
requested, to the Administrator of the Environmental Protection Agency, 
the Regional Administrator of the Environmental Protection Agency for 
the region in which such violation is alleged to have occurred, the 
chief administrative officer of the responsible state agency (if any), 
and the Attorney General for the State in which the violation is alleged 
to have occurred. If the alleged violator is a corporation, a copy of 
the notice shall also be sent by certified mail, return receipt 
requested, to the registered agent (if any) of the corporation in the 
State in which the violation is alleged to have occurred.
    (2) If the alleged violator is a State or local agency, service of 
notice shall be accomplished by certified mail, return receipt 
requested, addressed to, or by personal service upon, the head of such 
agency. A copy of the notice shall be sent by certified mail, return 
receipt requested, to the Administrator of the Environmental Protection 
Agency, the Regional Administrator of the Environmental Protection 
Agency for the region in which the violation is alleged to have 
occurred, the chief administrative officer of the responsible state 
agency (if any), and the Attorney General for the State in which the 
violation is alleged to have occurred.
    (3) If the alleged violator is a Federal agency, service of notice 
shall be accomplished by certified mail, return receipt requested, 
addressed to, or by personal service upon, the head of the Federal 
agency. A copy of the notice shall be sent by certified mail, return 
receipt requested, to the Administrator of the Environmental Protection 
Agency, the Regional Administrator of the Environmental Protection 
Agency for the region in which the violation is alleged to have 
occurred, the Attorney General of the United States, the chief 
administrative officer of the responsible state agency (if any), and the 
Attorney General for the State in which the violation is alleged to have 
occurred.
    (b) Service of notice of intent to file suit pursuant to section 
1449(a)(2) of the Act shall be accomplished by certified mail, return 
receipt requested, addressed to, or by personal service upon, the 
Administrator of the Environmental Protection Agency, Washington, DC 
20460. A copy of the notice shall be sent by certified mail to the 
Attorney General of the United States.
    (c) Notice given in accordance with the provisions of this subpart 
shall be deemed to have been given on the date of receipt of service, if 
served personally. If service was accomplished by mail, the date of 
receipt will be considered to be the date noted on the return receipt 
card.