[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: 40CFR22.31]

[Page 258-259]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                          Subpart G_Final Order
 
Sec. 22.31  Final order.


    (a) Effect of final order. A final order constitutes the final 
Agency action in a proceeding. The final order shall not in any case 
affect the right of the Agency or the United States to pursue 
appropriate injunctive or other equitable relief or criminal sanctions 
for any violations of law. The final order shall resolve only those 
causes of action alleged in the complaint, or for proceedings commenced 
pursuant to Sec. 22.13(b), alleged in the consent agreement. The final 
order does not waive, extinguish or otherwise affect respondent's 
obligation to comply with all applicable provisions of the Act and 
regulations promulgated thereunder.
    (b) Effective date. A final order is effective upon filing. Where an 
initial decision becomes a final order pursuant to Sec. 22.27(c), the 
final order is effective 45 days after the initial decision is served on 
the parties.
    (c) Payment of a civil penalty. The respondent shall pay the full 
amount of any civil penalty assessed in the final order within 30 days 
after the effective date of the final order unless otherwise ordered. 
Payment shall be made by sending a cashier's check or certified check to 
the payee specified in the complaint, unless otherwise instructed by the 
complainant. The check shall note the case title and docket number. 
Respondent shall serve copies of the check or other instrument of 
payment on the Regional Hearing Clerk and on complainant. Collection of 
interest on overdue payments shall be in accordance with the Debt 
Collection Act, 31 U.S.C. 3717.
    (d) Other relief. Any final order requiring compliance or corrective 
action, or a Permit Action, shall become effective and enforceable 
without further proceedings on the effective date of the final order 
unless otherwise ordered.

[[Page 259]]

    (e) Final orders to Federal agencies on appeal. (1) A final order of 
the Environmental Appeals Board issued pursuant to Sec. 22.30 to a 
department, agency, or instrumentality of the United States shall become 
effective 30 days after its service upon the parties unless the head of 
the affected department, agency, or instrumentality requests a 
conference with the Administrator in writing and serves a copy of the 
request on the parties of record within 30 days of service of the final 
order. If a timely request is made, a decision by the Administrator 
shall become the final order.
    (2) A motion for reconsideration pursuant to Sec. 22.32 shall not 
toll the 30-day period described in paragraph (e)(1) of this section 
unless specifically so ordered by the Environmental Appeals Board.