[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: 40CFR254.2]



[Page 353-354]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 254_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents

 

Sec.  254.2  Service of notice.



    (a) Notice of intent to file suit under subsection 7002(a)(1) of the 

Act shall be served upon an alleged violator of any permit, standard, 

regulation, condition, requirement, or order which has become effective 

under this Act in the following manner:

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

service of notice shall be accomplished by registered mail, return 

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

or site manager of the building, plant, installation, or facility 

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 the violation is alleged to have occurred, and the chief 

administrative officer of the solid waste management agency for the 

State in which the violation is alleged to have occurred. If the alleged 

violator is a corporation, a copy of the notice shall also be mailed to 

the registered agent, if any, of that corporation in the State in which 

such violation is alleged to have occurred.

    (2) If the alleged violator is a State or local agency, service of 

notice shall be accomplished by registered mail, return receipt 

requested, addressed to, or by personal service upon, the head of that 

agency. A copy of the notice shall be mailed to the chief administrator 

of the solid waste management agency for the State in which the 

violation is alleged to have occurred, the Administrator of the 

Environmental Protection Agency, and the Regional Administrator of the 

Environmental Protection Agency for the region in which the 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 the agency. 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



[[Page 354]]



region in which the violation is alleged to have occurred, the Attorney 

General of the United States, and the chief administrative officer of 

the solid waste management agency for the State in which the violation 

is alleged to have occurred.

    (b) Service of notice of intent to file suit under subsection 

7002(a)(2) 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 the notice shall be mailed to the Attorney General of the United 

States.

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

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

service was acomplished by mail, the date of receipt will be considered 

to be the date noted on the return receipt card.