[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR135.2]

[Page 550]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 135_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
            Subpart A_Prior Notice Under the Clean Water Act
 
Sec.  135.2  Service of notice.

    (a) Notice of intent to file suit pursuant to section 505(a)(1) of 
the Act shall be served upon an alleged violator of an effluent standard 
or limitation under the Act, or an order issued by the Administrator or 
a State with respect to such a standard or limitation, in the following 
manner:
    (1) If the alleged violator is an individual or corporation, service 
of notice shall be accomplished by certified mail addressed to, or by 
personal service upon, the owner or managing agent of the building, 
plant, installation, vessel, facility, 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 the chief administrative officer of the 
water pollution control agency for the State in which the 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 agency, service of 
notice shall be accomplished by certified mail addressed to, or by 
personal service upon, the head of such agency. A copy of such notice 
shall be mailed to the chief administrative officer of the water 
pollution control 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 such violation is alleged to have 
occurred.
    (3) If the alleged violator is a Federal agency, service of notice 
shall be accomplished by certified mail 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 the Chief administrative officer of 
the water pollution control agency for the State in which the violation 
is alleged to have occurred.
    (b) Service of notice of intent to file suit pursuant to section 
505(a)(2) of the Act shall be accomplished by certified mail 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) Notice given in accordance with the provisions of this subpart 
shall be deemed to have been served on the postmark date if mailed, or 
on the date of receipt if served personally.