(a) Scope. This section shall apply, in conjunction with §§ 22.1 through 22.32, in administrative proceedings to assess a civil penalty under section 1414(g)(3)(B) of the Safe Drinking Water Act, 42 U.S.C. 300g-3(g)(3)(B). Where inconsistencies exist between this section and §§ 22.1 through 22.32, this section shall apply.
(b) Choice of forum. A complaint which specifies that subpart I of this part applies shall also state that respondent has a right to elect a hearing on the record in accordance with 5 U.S.C. 554,and.S.C. 554. Upon such request, the Regional Hearing Clerk shall recaption the documents in the record as necessary, and notify the parties of the changes.
authority: 7 U.S.C. 1361;
15 U.S.C. 2615;
33 U.S.C. 1319,
1342,
1361,
1415;
42 U.S.C. 300g-3(g), 6912, 6925, 6928, 6991e and 6992d;
42 U.S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and 7607(a), 9609, and 11045
source: 64 FR 40176, July 23, 1999, unless otherwise noted.
cite as: 40 CFR 22.42