[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.19]



[Page 164]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.19  Informal settlement and consent agreement.



    (a) Settlement policy. The Agency encourages settlement of the 

proceeding at any time after the issuance of a complaint if settlement 

is consistent with the provisions and the objectives of the act and the 

regulations. Whether or not respondent requests a hearing, he or she may 

confer with complainant concerning the facts stated in the complaint or 

concerning the appropriateness of the proposed remedial order. The terms 

of any settlement agreement shall be expressed in a written consent 

agreement. Conferences with complainant concerning possible settlement 

shall not affect the 20 day time limit for filing an answer under Sec.  

209.6.

    (b) Consent agreement. A written consent agreement signed by the 

complainant and respondent shall be prepared by the complainant and 

forwarded to the Environmental Appeals Board whenever settlement or 

compromise is proposed. A copy shall be served on all other parties to 

the proceeding, no later than the date the consent agreement is 

forwarded to the Environmental Appeals Board. The consent agreement 

shall state that, for the purpose of this proceeding, respondent (1) 

admits the jurisdictional allegations of the complaint; (2) admits the 

facts as stipulated in the consent agreement or neither admits nor 

denies specific factual allegations contained in the complaint; and (3) 

consents to the issuance of a given remedial order. The consent 

agreement shall include (i) the terms of the agreement; (ii) any 

appropriate conclusions regarding material issues of law, fact and/or 

discretion as well as reasons therefor; and (iii) the Environmental 

Appeals Board's proposed final order. The administrative law judge does 

not have jurisdiction over a consent agreement.

    (c) Final order. No settlement or consent agreement shall be 

dispositive of any action pending under section 11(d) of the act without 

a final order of the Environmental Appeals Board. In preparing a final 

order, the Environmental Appeals Board may require that any or all of 

the parties to the settlement or other parties appear before it to 

answer inquiries relating to the proposed consent agreement. The hearing 

is terminated without further proceedings upon the filing of the final 

order with the hearing clerk.



[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]