[Code of Federal Regulations]

[Title 40, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR30.62]



[Page 341-342]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

 

PART 30_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

 

                    Subpart C_Post-Award Requirements

 

Sec. 30.62  Enforcement.



    (a) Remedies for noncompliance. If a recipient materially fails to 

comply with the terms and conditions of an award, whether stated in a 

Federal statute, regulation, assurance, application, or notice of award, 

EPA may, in addition to imposing any of the special conditions outlined 

in Sec. 30.14, take one or more of the following actions, as 

appropriate in the circumstances.

    (1) Temporarily withhold cash payments pending correction of the 

deficiency by the recipient or more severe enforcement action by EPA.

    (2) Disallow (that is, deny both use of funds and any applicable 

matching credit for) all or part of the cost of the activity or action 

not in compliance.

    (3) Wholly or partly suspend or terminate the current award.

    (4) Withhold further awards for the project or program.

    (5) Take other remedies that may be legally available.

    (b) Hearings and appeals. In taking an enforcement action, EPA shall 

provide the recipient an opportunity for hearing, appeal, or other 

administrative proceeding to which the recipient is entitled under any 

statute or regulation applicable to the action involved. EPA's Dispute 

Provisions found at 40 CFR part 31, subpart F, Disputes, are applicable 

to assistance awarded under the provisions of this part.

    (c) Effects of suspension and termination. Costs of a recipient 

resulting from obligations incurred by the recipient during a suspension 

or after termination of an award are not allowable unless EPA expressly 

authorizes



[[Page 342]]



them in the notice of suspension or termination or subsequently. Other 

recipient costs during suspension or after termination which are 

necessary and not reasonably avoidable are allowable if paragraphs 

(c)(1) and (2) of this section apply.

    (1) The costs result from obligations which were properly incurred 

by the recipient before the effective date of suspension or termination, 

are not in anticipation of it, and in the case of a termination, are 

noncancellable.

    (2) The costs would be allowable if the award were not suspended or 

expired normally at the end of the funding period in which the 

termination takes effect.

    (d) Relationship to debarment and suspension. The enforcement 

remedies identified in this section, including suspension and 

termination, do not preclude a recipient from being subject to debarment 

and suspension under Executive Orders 12549 and 12689 and EPA's 

implementing regulations (see Sec. 30.13).