[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: 40CFR66.61]

[Page 146]
 
                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 G - Payment
 
Sec. 66.61  Duty to pay.


    (a) Except where the owner or operator has submitted a petition 
pursuant to Sec. 66.13(a)(2), the first installment of the 
penalty shall be paid on the date six months after receipt of the notice 
of noncompliance.
    (b) Where the source owner has filed a petition pursuant to 
Sec. 66.13(a)(2), the first installment consisting of payment 
of penalties for all quarters ``missed'' as 
well as for the upcoming quarter shall be paid on the date six months 
after a final administrative decision affirming the source owner or 
operator's liability. Installments shall be paid quarterly thereafter 
until compliance is achieved. Quarters shall be measured in increments 
of three calendar months from the date the first payment is due.
    (c) A source owner or operator who submits a petition pursuant to 
Sec. 66.52 shall pay the penalty amount calculated by the 
owner or operator under Sec. 66.13 or Sec. 66.43 or 
any penalty calculated by EPA where the owner or operator has failed to 
calculate such penalty. Within 45 days after EPA has notified the owner 
or operator of a final administrative action after hearings on such 
petition, the owner or operator shall submit any necessary modification 
to the penalty. The revised penalty will be calculated in accordance 
with the Technical Support Document and the Manual, and a revised 
schedule, including appropriate adjustments for overpayments or 
underpayments made, will be established.