[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: 40CFR22.14]

[Page 248]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                     Subpart C_Prehearing Procedures
 
Sec. 22.14  Complaint.

    (a) Content of complaint. Each complaint shall include:
    (1) A statement reciting the section(s) of the Act authorizing the 
issuance of the complaint;
    (2) Specific reference to each provision of the Act, implementing 
regulations, permit or order which respondent is alleged to have 
violated;
    (3) A concise statement of the factual basis for each violation 
alleged;
    (4) A description of all relief sought, including one or more of the 
following:
    (i) The amount of the civil penalty which is proposed to be 
assessed, and a brief explanation of the proposed penalty;
    (ii) Where a specific penalty demand is not made, the number of 
violations (where applicable, days of violation) for which a penalty is 
sought, a brief explanation of the severity of each violation alleged 
and a recitation of the statutory penalty authority applicable for each 
violation alleged in the complaint;
    (iii) A request for a Permit Action and a statement of its proposed 
terms and conditions; or
    (iv) A request for a compliance or corrective action order and a 
statement of the terms and conditions thereof;
    (5) Notice of respondent's right to request a hearing on any 
material fact alleged in the complaint, or on the appropriateness of any 
proposed penalty, compliance or corrective action order, or Permit 
Action;
    (6) Notice if subpart I of this part applies to the proceeding;
    (7) The address of the Regional Hearing Clerk; and
    (8) Instructions for paying penalties, if applicable.
    (b) Rules of practice. A copy of these Consolidated Rules of 
Practice shall accompany each complaint served.
    (c) Amendment of the complaint. The complainant may amend the 
complaint once as a matter of right at any time before the answer is 
filed. Otherwise the complainant may amend the complaint only upon 
motion granted by the Presiding Officer. Respondent shall have 20 
additional days from the date of service of the amended complaint to 
file its answer.
    (d) Withdrawal of the complaint. The complainant may withdraw the 
complaint, or any part thereof, without prejudice one time before the 
answer has been filed. After one withdrawal before the filing of an 
answer, or after the filing of an answer, the complainant may withdraw 
the complaint, or any part thereof, without prejudice only upon motion 
granted by the Presiding Officer.

[[Page 249]]