[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.11]

[Page 140]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66 - ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
 
                Subpart B - Notice of Noncompliance
 
Sec. 66.11  Issuance of notices of noncompliance.


    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source which he determines is in violation of 
applicable legal requirements and which is located in a State without an 
approved section 120 program.
    (b) The Administrator shall send a notice of noncompliance to the 
owner or operator of any source located in a State with an approved 
section 120 program when he determines as provided in part 67 that the 
source is in violation of applicable legal requirements and the State 
has failed to send a notice of noncompliance to it, or has failed to 
pursue diligently any subsequent steps for the assessment or collection 
of the penalty.
    (c) Failure of EPA or a State to issue a notice of noncompliance 
within 30 days after discovery of a violation shall not affect the 
obligation of a source owner or operator to pay a noncompliance penalty 
but shall affect the date from which the penalty is calculated. The 
penalty shall be calculated from the earliest date that the owner or 
operator of the source received a notice of noncompliance under this 
section, whether issued by EPA or the State.