C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 135—PRIOR NOTICE OF CITIZEN SUITS › Subpart A—Prior Notice Under the Clean Water Act

40 C.F.R. § 135.2

Service of notice

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(a) Notice of intent to file suit pursuant to section 505(a)(1) of the Act shall be served upon an alleged violator of an effluent standard or limitation under the Act, or an order issued by the Administrator or a State with respect to such a standard or limitation, in the following manner:

(1) If the alleged violator is an individual or corporation, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, vessel, facility, or activity alleged to be in violation. A copy of the notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, and the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred. If the alleged violator is a corporation, a copy of such notice also shall be mailed to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(2) If the alleged violator is a State or local agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred, the Administrator of the Environmental Protection Agency, and the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred.

(3) If the alleged violator is a Federal agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, the Attorney General of the United States, and the Chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred.

(b) Service of notice of intent to file suit pursuant to section 505(a)(2) of the Act shall be accomplished by certified mail addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, DC 20460. A copy of such notice shall be mailed to the Attorney General of the United States.

(c) Notice given in accordance with the provisions of this subpart shall be deemed to have been served on the postmark date if mailed, or on the date of receipt if served personally.

Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1975–2025 · leading case: Bettis v. Town of Ontario, NY
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Bettis v. Town of Ontario, NY (1992) nywd · cites it 5× “” 40 C.F.R. § 135.2 (a)(1). Copies of the notice must be mailed to the Administrator of the EPA, the Regional Administrator of the EPA for the region in which the alleged violation occurred, and the chief administrator of the relevant state water pollution control agency.”
City of Newburgh v. SARNA (2010) nysd “to any alleged violator.” 33 U.S.C. § 1365 (b)(1)(A). Obviously, a notice letter cannot provide notice to an alleged violator if it is not sent to the alleged violator.”
Cape Fear River Watch, Inc. v. Duke Energy Progress, Inc. (2014) nced “§ 1365 (b)(1)(A), and 40 C.F.R. § 135.2 . . The Sutton Site is defendant's electricity-generating facility located north of Wilmington off Highway 421 in New Hanover County, North Carolina.”
Hernandez v. ESSO STANDARD OIL CO.(PUERTO RICO) (2008) prd · cites it 2× “See 40 C.F.R. §§ 135.2 -.3 (CWA), 254.2-.3 (RCRA).”
Hammes v. City of Davenport (2019) iasd “At a minimum, Plaintiff was required to send notice to the appropriate persons and in the manner set out in 40 C.F.R. § 135.2 . Plaintiff's failure to do so was more than a mere technicality.”
Natural Resources Defense Council v. McCarthy (2017) cand “§ 1365 (a); 40 C.F.R. § 135.2 (c). ECF No. 1-1. Plaintiffs then filed their Complaint on April 22, 2016.”
Loveladies Property Owners Ass'n, Inc. v. Raab (1975) njd “See 40 C.F.R. §§ 135.2 and 135.3. The plaintiffs herein have not complied with the notice provisions of § 1365 nor with the provisions of the EPA’s regulations.”
Lockett v. Environmental Protection Agency (2001) laed · cites it 3× “The Locketts concede that suit was filed more than 120 days after the August 12, 1999 notice (they filed suit on March 31, 2000), but argue that the August 12 notice did not comply with 40 C.F.R. § 135.2 , for it was not sent to the “chief administrative officer of the water…”
Ohio Public Interest Research Group v. Laidlaw Environmental Services, Inc. (1996) ohsd “§ 1365 (a)(1), but § 1365(b)(1)(A) provides that no action may be commenced “prior to sixty days after the plaintiff has given notice of the alleged violation ... to any alleged violator____” Further, “.”
River Oaks Homeowners Protection Committee, Inc. v. Edington & Associates (2002) ca9 “§ 1365 (b)(1)(A); 40 C.F.R. § 135.2 (b). That is a jurisdictional defect, which necessitated dismissal.”
SCHREIBER v. KEY (2025) gamd · cites it 2× “” 40 C.F.R. § 135.2 (a)(1). In the Eleventh Circuit, the notice requirement is “strictly construed to give the alleged violator the opportunity to correct the problem before a lawsuit is filed.”
California Sportfishing Protection Alliance v. Elder Creek Transfer & Recovery, Inc. (2020) caed “See 40 C.F.R. § 135.2 . As required by the Act, this letter provides statutory notice of the violations that have occurred, and continue to occur, at the Facility.”
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— 40 C.F.R. § 135.2(a)(1) — 1 case
KHATCHIKIAN v. PORT IMPERIAL FERRY CORPORATION (2021) njd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.