[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: 40CFR210.2]



[Page 170]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 210_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents

 

Sec.  210.2  Service of notice.



    (a) Notice of intent to file suit pursuant to section 12(a)(1) of 

the Act shall be served upon an alleged violator of a noise control 

requirement issued under the Act in the following manner:

    (1) If the alleged violator is a private individual or a 

corporation, service of notice shall be accomplished by registered mail, 

return receipt requested, addressed to, or by personal service upon, the 

owner or managing agent of the equipment, plant, facility, vehicle, or 

activity alleged to be in violation. A copy of the notice shall be 

mailed to the Administrator of the Environmental Protection Agency, the 

Regional Administrator of the Environmental Protection Agency for the 

region in which such violation is alleged to have occurred; and in the 

case of a violation of a noise control requirement under section 611 of 

the Federal Aviation Act, to the Administrator of the Federal Aviation 

Administration, and the Regional Administrator of the Federal Aviation 

Administration for the region in which such violation is alleged to have 

occurred. If the alleged violator is a corporation, a copy of such 

notice also shall be mailed to the registered agent, if any, of such 

corporation in the State in which such violation is alleged to have 

occurred.

    (2) If the alleged violator is a State or local government entity, 

service of notice shall be accomplished by registered mail, return 

receipt requested, addressed to, or by personal service upon, the head 

of such agency. A copy of such notice shall be mailed to the 

Administrator of the Environmental Protection Agency, the Regional 

Administrator of the Environmental Protection Agency for the region in 

which such violation is alleged to have occurred; and in the case of a 

violation of a noise control requirement under section 611 of the 

Federal Aviation Act, to the Administrator of the Federal Aviation 

Administration, and the Regional Administrator of the Federal Aviation 

Administration for the region in which such violation is alleged to have 

occurred.

    (3) If the alleged violator is a Federal agency, service of notice 

shall be accomplished by registered mail, return receipt requested, 

addressed to, or by personal service upon, the head of such agency. A 

copy of such notice shall be mailed to the Administrator of the 

Environmental Protection Agency, the Regional Administrator of the 

Environmental Protection Agency for the region in which such violation 

is alleged to have occurred, the Attorney General of the United States; 

and in the case of a violation of a noise control requirement under 

section 611 of the Federal Aviation Act, to the Administrator of the 

Federal Aviation Administration, and the Regional Administrator of the 

Federal Aviation Administration for the region in which such violation 

is alleged to have occurred.

    (b) Service of notice of intent to file suit pursuant to section 

12(a)(2)(A) of the Act shall be accomplished by registered mail, return 

receipt requested, addressed to, or by personal service upon, the 

Administrator, Environmental Protection Agency, Washington, DC 20460. A 

copy of such notice shall be mailed to the Attorney General of the 

United States.

    (c) Service of notice of intent to file suit pursuant to section 

12(a)(2)(B) of the Act shall be accomplished by registered mail, return 

receipt requested, addressed to, or by personal service upon, the 

Administrator, Federal Aviation Administration, Washington, DC. A copy 

of such notice shall be mailed to the Attorney General of the United 

States, and to the Administrator of the Environmental Protection Agency.

    (d) Notice given in accordance with the provisions of this part 

shall be deemed to have been served on the date of receipt. If service 

was accomplished by mail, the date of receipt will be deemed to be the 

date noted on the return receipt card.