[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.63]

[Page 147]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                            Subpart G_Payment
 
Sec.  66.63  Nonpayment penalty.

    (a) Any source owner or operator who fails to make timely payment 
under Sec.  66.61 shall pay in addition to the penalty owed a quarterly 
nonpayment penalty. The nonpayment penalty shall be calculated as of the 
due date of the noncompliance penalty payment and shall be equal to 20 
percent of the aggregate amount of the noncompliance penalties and 
nonpayment penalties due and owing from the owner or operator on the due 
date. Partial payments shall be credited first against the nonpayment 
penalty, then against the noncompliance penalty.
    (b) The Administrator shall notify the source owner or operator in 
writing of the amount of any nonpayment penalty for which the owner or 
operator is liable. Failure of the Administrator to provide such notice 
immediately shall not affect the legal obligation of the source owner or 
operator to pay such penalty. Such nonpayment penalty, as well as the 
past due noncompliance penalty, shall be payable immediately.