[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR13.16]

[Page 188]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 13_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                          Subpart B_Collection
 
Sec. 13.16  Liquidation of collateral.

    Where the Administrator holds a security instrument with a power of 
sale or has physical possession of collateral, he may liquidate the 
security or collateral and apply the proceeds to the overdue debt. EPA 
will exercise this right where the debtor fails to pay within a 
reasonable time after demand, unless the cost of disposing of the 
collateral is disproportionate to its value or special circumstances 
require judicial foreclosure. However, collection from other businesses, 
including liquidation of security or collateral, is not a prerequisite 
to requiring payment by a surety or insurance company unless expressly 
required by contract or statute. The Administrator will give the debtor 
reasonable notice of the sale and an accounting of any surplus proceeds 
and will comply with any other requirements of law or contract.