[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: 40CFR135.5]

[Page 551]
 
                   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.  135.5  Service of proposed consent judgment.

    (a) The citizen plaintiff in a citizen enforcement suit filed 
against an alleged violator under section 505(a)(1) of the Act shall 
serve a copy of a proposed consent judgment, signed by all parties to 
the lawsuit, upon the Administrator, Environmental Protection Agency, 
Washington, DC 20460, and the Attorney General, Department of Justice, 
Citizen Suit Coordinator, Room 2615, Washington, DC 20530. The plaintiff 
shall serve the Administrator and the Attorney General by personal 
service or by certified mail (return receipt requested.) The plaintiff 
shall also mail a copy of a proposed consent judgment at the same time 
to the Regional Administrator of the EPA Region in which the violations 
were alleged to have occurred.
    (b) When the parties in an action in which the United States is not 
a party file or lodge a proposed consent judgment with the court, the 
plaintiff shall notify the court of the statutory requirement that the 
consent judgment shall not be entered prior to 45 days following receipt 
by both the Administrator and the Attorney General of a copy of the 
consent judgment.
    (1) If the plaintiff knows the dates upon which the Administrator 
and the Attorney General received copies of the proposed consent 
judgment, the plaintiff shall so notify the court.
    (2) If the plaintiff does not know the date upon which the 
Administrator and Attorney General received copies of the proposed 
consent judgment, the plaintiff shall so notify the court, but upon 
receiving such information regarding the dates of service of the 
proposed consent judgment upon the Administrator and Attorney General, 
the plaintiff shall so notify the court of the dates of service.

[56 FR 11515, Mar. 19, 1991]