[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: 40CFR22.43]

[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. 22.43  Supplemental rules governing the administrative assessment 

of civil penalties against a federal agency under 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 against a federal agency under section 1447(b) of the Safe 
Drinking Water Act, 42 U.S.C. 300j-6(b). Where inconsistencies exist 
between this section and Sec. Sec. 22.1 through 22.32, this section 
shall apply.
    (b) Effective date of final penalty order. Any penalty order issued 
pursuant to this section and section 1447(b) of the Safe Drinking Water 
Act shall become effective 30 days after it has been served on the 
parties.
    (c) Public notice of final penalty order. Upon the issuance of a 
final penalty order under this section, the Administrator shall provide 
public notice of the order by publication, and by providing notice to 
any person who requests such notice. The notice shall include:
    (1) The docket number of the order;
    (2) The address and phone number of the Regional Hearing Clerk from 
whom a copy of the order may be obtained;
    (3) The location of the facility where violations were found;
    (4) A description of the violations;
    (5) The penalty that was assessed; and
    (6) A notice that any interested person may, within 30 days of the 
date the order becomes final, obtain judicial review of the penalty 
order pursuant to section 1447(b) of the Safe Drinking Water Act, and 
instruction that persons seeking judicial review shall provide copies of 
any appeal to the persons described in 40 CFR 135.11(a).