[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR374.3]

[Page 503-504]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 374_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
Sec.  374.3  Contents of notice.

    (a) Violation of standard, regulation, condition, requirement, or 
order. Notice regarding an alleged violation of a standard, regulation, 
condition, requirement, or order (including any provision of an 
agreement under section 120 of the Act, relating to Federal facilities) 
which has become effective under this Act shall include sufficient 
information to allow the recipient to identify the specific standard, 
regulation, condition, requirement, or order (including any provision of 
an agreement under section 120 of the Act, relating to Federal 
facilities) which has allegedly been violated; the activity or failure 
to act alleged to constitute a violation; the name and address of the 
site and facility alleged to be in violation, if known; the person or 
persons responsible for the alleged violation; the date or dates of the 
violation; and the full name, address, and telephone number of the 
person giving notice.
    (b) Failure to act. Notice regarding an alleged failure of the 
President or other officer of the United States to perform an act or 
duty which is not discretionary under the Act shall identify the 
provisions of the Act which require such act or create such duty; shall 
describe with reasonable specificity the action taken or not taken by 
the President or other officer that is claimed to constitute a failure 
to perform the act or duty; shall identify the Agency and name and title 
of the officers allegedly failing to perform the act or duty; and shall 
state the full name, address, and telephone number of the person giving 
the notice.
    (c) Identification of counsel. All notices shall state the name, 
address, and telephone number of the legal counsel,

[[Page 504]]

if any, representing the person giving the notice.

[57 FR 55040, Nov. 23, 1992; 57 FR 61612, Dec. 28, 1992]