Code of Federal Regulations · Section

§ 22.42 — Supplemental Rules Governing The Administrative Assessment Of Civil Penalties For Violations Of Compliance Orders Issued To Owners Or Operators Of Public Water Systems Under Part B Of The Safe Drinking Water Act

40 C.F.R. § 22.42

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(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 that respondent waives this right unless it requests in its answer a hearing on the record in accordance with 5 U.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.

40 C.F.R. § 22.41 40 C.F.R. § 22.43

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