[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: 40CFR22.50]

[Page 264]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
Subpart I_Administrative Proceedings Not Governed by Section 554 of the 
                      Administrative Procedure Act
 
Sec. 22.50  Scope of this subpart.


    (a) Scope. This subpart applies to all adjudicatory proceedings for:
    (1) The assessment of a penalty under sections 309(g)(2)(A) and 
311(b)(6)(B)(i) of the Clean Water Act (33 U.S.C. 1319(g)(2)(A) and 
1321(b)(6)(B)(i)).
    (2) The assessment of a penalty under sections 1414(g)(3)(B) and 
1423(c) of the Safe Drinking Water Act (42 U.S.C. 300g-3(g)(3)(B) and 
300h-2(c)), except where a respondent in a proceeding under section 
1414(g)(3)(B) requests in its answer a hearing on the record in 
accordance with section 554 of the Administrative Procedure Act, 5 
U.S.C. 554.
    (b) Relationship to other provisions. Sections 22.1 through 22.45 
apply to proceedings under this subpart, except for the following 
provisions which do not apply: Sec. Sec. 22.11, 22.16(c), 22.21(a), and 
22.29. Where inconsistencies exist between this subpart and subparts A 
through G of this part, this subpart shall apply. Where inconsistencies 
exist between this subpart and subpart H of this part, subpart H shall 
apply.