[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: 40CFR66.74]

[Page 148-149]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                Subpart H_Compliance and Final Adjustment
 
Sec.  66.74  Payment or reimbursement.

    (a) Within thirty days after any adjustment of a noncompliance 
penalty under this Subpart has become administratively final:
    (1) Any deficiency owed by the source owner or operator shall be 
paid as provided in Sec.  66.62.
    (2) Any reimbursement shall be paid by check from the United States 
payable to the order of the source owner or

[[Page 149]]

operator, and sent by registered or certified mail, return receipt 
requested.
    (b) Any payment under paragraph (a) of this section, shall include 
interest on the amount of the deficiency or reimbursement due, from the 
date the deficiency or reimbursement arose, at a rate determined by the 
Secretary of the Treasury. Such payment shall be calculated in 
accordance with the Technical Support Document and the Manual.
    (c) Any source owner or operator who fails to make timely payment of 
a deficiency shall pay a nonpayment penalty. The nonpayment penalty 
shall be calculated as of the due date of the deficiency payment and 
shall be equal to 20% of the deficiency not paid. Such nonpayment 
penalty (in addition to the amount of the deficiency owed) shall be 
payable immediately. If any part of the nonpayment penalty or deficiency 
shall remain unpaid at the end of three calendar months from the due 
date of the deficiency, a further nonpayment penalty shall be due equal 
to 20% of the sum of all payments due and owing. Partial payments shall 
be credited first against the nonpayment penalty, then the deficiency.