[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: 40CFR24.02]

[Page 267]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
                            Subpart A_General
 
Sec. 24.02  Issuance of initial orders; definition of final orders and 
orders on consent.

    (a) An administrative action under section 3008(h) or 9003(h) of the 
Act shall be commenced by issuance of an administrative order. When the 
order is issued unilaterally, the order shall be referred to as an 
initial administrative order and may be referenced as a proceeding under 
section 3008(h) or 9003(h) of the Act. When the order has become 
effective, either after issuance of a final order following a final 
decision by the Regional Administrator, or after thirty days from 
issuance if no hearing is requested, the order shall be referred to as a 
final administrative order. Where the order is agreed to by the parties, 
the order shall be denominated as a final administrative order on 
consent.
    (b) The initial administrative order shall be executed by an 
authorized official of EPA (petitioner), other than the Regional 
Administrator or the Assistant Administrator for the Office of Solid 
Waste and Emergency Response. For orders issued by EPA Headquarters, 
rather than by a Regional office, all references in these procedures to 
the Regional Administrator shall be understood to be to the Assistant 
Administrator for Solid Waste and Emergency Response or his delegatee.
    (c) The initial administrative order shall contain:
    (1) A reference to the legal authority pursuant to which the order 
is issued,
    (2) A concise statement of the factual basis upon which the order is 
issued, and
    (3) Notification of respondent's right to request a hearing with 
respect to any issue of material fact or the appropriateness of the 
proposed corrective action.

[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]