[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: 40CFR222.10]



[Page 195-196]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 222_ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 

OF THE ACT--Table of Contents

 

Sec.  222.10  Appeal to adjudicatory hearing.



    (a) Within 10 days following the receipt of notice of the issuance 

or denial of any permit pursuant to Sec.  222.9 after a hearing held 

pursuant to Sec.  222.7, any interested person who participated in such 

hearing may request that an adjudicatory hearing be held pursuant to 

Sec.  222.11 for the purpose of reviewing such determination, or any 

part thereof. Any such request for an adjudicatory hearing shall be 

filed with the Administrator or the Regional Administrator, as the case 

may be, and shall be in writing, shall identify the person requesting 

the adjudicatory hearing and shall state with particularity the 

objections to the determination, the basis therefor and the modification 

requested.



[[Page 196]]



    (b) Whenever a written request satisfying the requirements of 

paragraph (a) of this section has been received and the Administrator or 

Regional Administrator, as the case may be, determines that an 

adjudicatory hearing is warranted, the Administrator or the Regional 

Administrator, as the case may be, will set a time and place for an 

adjudicatory hearing in accordance with Sec.  222.5, and will give 

notice of such hearing by publication in accordance with Sec.  222.3.

    (c) Prior to the conclusion of the adjudicatory hearing and appeal 

process, the Administrator or the Regional Administrator, as the case 

may be, in his discretion may extend the duration of a previously issued 

permit until a final determination has been made pursuant to Sec.  

222.11 or Sec.  222.12.

    (d) In the event the Administrator or the Regional Administrator, as 

the case may be, determines that a request filed pursuant to paragraph 

(a) of this section does not comply with the requirements of such 

paragraph (a) of this section or that such request does not present 

substantial issues of public interest, he shall advise, in writing, the 

person requesting the adjudicatory hearing of his determination.

    (e) Any person requesting an adjudicatory hearing or requesting 

admission as a party to an adjudicatory hearing shall state in his 

written request, and shall by filing such request consent, that he and 

his employees and agents shall submit themselves to direct and cross-

examination at any such hearing and to the taking of an oath 

administered by the Presiding Officer.