[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: 40CFR66.63]

[Page 147]
 
                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. 66.63  Nonpayment penalty.

    (a) Any source owner or operator who fails to make timely payment 
under Sec. 66.61 shall pay in addition to the penalty owed a 
quarterly nonpayment penalty. The nonpayment penalty shall be calculated 
as of the due date of the noncompliance penalty payment and shall be 
equal to 20 percent of the aggregate amount of the noncompliance 
penalties and nonpayment penalties due and owing from the owner or 
operator on the due date. Partial payments shall be credited first 
against the nonpayment penalty, then against the noncompliance penalty.
    (b) The Administrator shall notify the source owner or operator in 
writing of the amount of any nonpayment penalty for which the owner or 
operator is liable. Failure of the Administrator to provide such notice 
immediately shall not affect the legal obligation of the source owner or 
operator to pay such penalty. Such nonpayment penalty, as well as the 
past due noncompliance penalty, shall be payable immediately.