[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: 40CFR22.38]

[Page 260]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                      Subpart H_Supplemental Rules
 
Sec. 22.38  Supplemental rules of practice governing the administrative 
assessment of civil penalties under the Clean Water Act.

    (a) Scope. This section shall apply, in conjunction with Sec. Sec. 
22.1 through 22.32 and Sec. 22.45, in administrative proceedings for 
the assessment of any civil penalty under section 309(g) or section 
311(b)(6) of the Clean Water Act (``CWA'')(33 U.S.C. 1319(g) and 
1321(b)(6)). Where inconsistencies exist between this section and 
Sec. Sec. 22.1 through 22.32, this section shall apply.
    (b) Consultation with States. For proceedings pursuant to section 
309(g), the complainant shall provide the State agency with the most 
direct authority over the matters at issue in the case an opportunity to 
consult with the complainant. Complainant shall notify the State agency 
within 30 days following proof of service of the complaint on the 
respondent or, in the case of a proceeding proposed to be commenced 
pursuant to Sec. 22.13(b), no less than 40 days before the issuance of 
an order assessing a civil penalty.
    (c) Administrative procedure and judicial review. Action of the 
Administrator for which review could have been obtained under section 
509(b)(1) of the CWA, 33 U.S.C. 1369(b)(1), shall not be subject to 
review in an administrative proceeding for the assessment of a civil 
penalty under section 309(g) or section 311(b)(6).