[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: 40CFR254.2]

[Page 348-349]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 254--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
Sec. 254.2  Service of notice.

    (a) Notice of intent to file suit under subsection 7002(a)(1) of the 
Act shall be served upon an alleged violator of any permit, standard, 
regulation, condition, requirement, or order which has become effective 
under this Act in the following manner:
    (1) If the alleged violator is a private individual or corporation, 
service of notice shall be accomplished by registered mail, return 
receipt requested, addressed to, or by personal service

[[Page 349]]

upon, the owner or site manager of the building, plant, installation, or 
facility alleged to be in violation. A copy of the notice shall be 
mailed 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, and the chief 
administrative officer of the solid waste management agency 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 mailed to 
the registered agent, if any, of that corporation in the State in which 
such violation is alleged to have occurred.
    (2) If the alleged violator is a State or local agency, service of 
notice shall be accomplished by registered mail, return receipt 
requested, addressed to, or by personal service upon, the head of that 
agency. A copy of the notice shall be mailed to the chief administrator 
of the solid waste management agency for the State in which the 
violation is alleged to have occurred, the Administrator of the 
Environmental Protection Agency, and the Regional Administrator of the 
Environmental Protection Agency for the region 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 registered mail, return receipt requested, 
addressed to, or by personal service upon, the head of the agency. A 
copy of the notice shall be mailed 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, and 
the chief administrative officer of the solid waste management agency 
for the State in which the violation is alleged to have occurred.
    (b) Service of notice of intent to file suit under subsection 
7002(a)(2) of the Act shall be accomplished by registered mail, return 
receipt requested, addressed to, or by personal service upon, the 
Administrator, Environmental Protection Agency, Washington, DC 20460. A 
copy of the notice shall be mailed to the Attorney General of the United 
States.
    (c) Notice given in accordance with the provisions of this part 
shall be considered to have been served on the date of receipt. If 
service was acomplished by mail, the date of receipt will be considered 
to be the date noted on the return receipt card.