[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.19]

[Page 162]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.19  Informal settlement and consent agreement.

    (a) Settlement policy. The Agency encourages settlement of the 
proceeding at any time after the issuance of a complaint if settlement 
is consistent with the provisions and the objectives of the act and the 
regulations. Whether or not respondent requests a hearing, he or she may 
confer with complainant concerning the facts stated in the complaint or 
concerning the appropriateness of the proposed remedial order. The terms 
of any settlement agreement shall be expressed in a written consent 
agreement. Conferences with complainant concerning possible settlement 
shall not affect the 20 day time limit for filing an answer under 
Sec. 209.6.
    (b) Consent agreement. A written consent agreement signed by the 
complainant and respondent shall be prepared by the complainant and 
forwarded to the Environmental Appeals Board whenever settlement or 
compromise is proposed. A copy shall be served on all other parties to 
the proceeding, no later than the date the consent agreement is 
forwarded to the Environmental Appeals Board. The consent agreement 
shall state that, for the purpose of this proceeding, respondent (1) 
admits the jurisdictional allegations of the complaint; (2) admits the 
facts as stipulated in the consent agreement or neither admits nor 
denies specific factual allegations contained in the complaint; and (3) 
consents to the issuance of a given remedial order. The consent 
agreement shall include (i) the terms of the agreement; (ii) any 
appropriate conclusions regarding material issues of law, fact and/or 
discretion as well as reasons therefor; and (iii) the Environmental 
Appeals Board's proposed final order. The administrative law judge does 
not have jurisdiction over a consent agreement.
    (c) Final order. No settlement or consent agreement shall be 
dispositive of any action pending under section 11(d) of the act without 
a final order of the Environmental Appeals Board. In preparing a final 
order, the Environmental Appeals Board may require that any or all of 
the parties to the settlement or other parties appear before it to 
answer inquiries relating to the proposed consent agreement. The hearing 
is terminated without further proceedings upon the filing of the final 
order with the hearing clerk.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]