[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: 40CFR22.39]

[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. 22.39  Supplemental rules governing the administrative assessment 

of civil penalties under section 109 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended.

    (a) Scope. This section shall apply, in conjunction with Sec. Sec. 
22.10 through 22.32, in administrative proceedings for the assessment of 
any civil penalty under section 109 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 
9609). Where inconsistencies exist between this section and Sec. Sec. 
22.1 through 22.32, this section shall apply.
    (b) Judicial review. Any person who requested a hearing with respect 
to a Class II civil penalty under section 109(b) of CERCLA, 42 U.S.C. 
9609(b), and who is the recipient of a final order assessing a civil 
penalty may file a petition for judicial review of such order with the 
United States Court of Appeals for the District of Columbia or for any 
other circuit in which such person resides or transacts business. Any 
person who requested a hearing with respect to a Class I civil penalty 
under section 109(a)(4) of CERCLA, 42 U.S.C. 9609(a)(4), and who is the 
recipient of a final order assessing the civil penalty may file a 
petition for judicial review of such order with the appropriate district 
court of the United States. All petitions must be filed within 30 days 
of the date the order making the assessment was served on the parties.
    (c) Payment of civil penalty assessed. Payment of civil penalties 
assessed in the final order shall be made by forwarding a cashier's 
check, payable to the ``EPA, Hazardous Substances Superfund,'' in the 
amount assessed, and noting the case title and docket number, to the 
appropriate regional Superfund Lockbox Depository.