[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: 40CFR22.42]

[Page 261]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                      Subpart H_Supplemental Rules
 
Sec. 22.42  Supplemental rules governing the administrative assessment 

of civil penalties for violations of compliance orders issued to owners 
or operators of public water systems under part B of the Safe Drinking 
Water Act.

    (a) Scope. This section shall apply, in conjunction with Sec. Sec. 
22.1 through 22.32, in administrative proceedings to assess a civil 
penalty under section 1414(g)(3)(B) of the Safe Drinking Water Act, 42 
U.S.C. 300g-3(g)(3)(B). Where inconsistencies exist between this section 
and Sec. Sec. 22.1 through 22.32, this section shall apply.
    (b) Choice of forum. A complaint which specifies that subpart I of 
this part applies shall also state that respondent has a right to elect 
a hearing on the record in accordance with 5 U.S.C. 554, and that 
respondent waives this right unless it requests in its answer a hearing 
on the record in accordance with 5 U.S.C. 554. Upon such request, the 
Regional Hearing Clerk shall recaption the documents in the record as 
necessary, and notify the parties of the changes.