40 C.F.R. § 22.13

Commencement of a proceeding

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(a) Any proceeding subject to these Consolidated Rules of Practice is commenced by filing with the Regional Hearing Clerk a complaint conforming to § 22.14.

(b) Notwithstanding paragraph (a) of this section, where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a consent agreement and final order pursuant to § 22.18(b)(2) and (3).

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1989–2024 · leading case: Ass'n of Irritated Residents v. Env't Prot. Agency, 494 F.3d 1027 (D.C. Cir. 2007).

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Ass'n of Irritated Residents v. Env't Prot. Agency, 494 F.3d 1027 (D.C. Cir. 2007). · cites it 2× “40 C.F.R. § 22.13 (b). We read these enforcement provisions as broad grants of empowerment, not limitation.”

Greater Detroit Resource Recovery Auth. & Combustion Eng'g v. The United States Env't Prot. Agency, 916 F.2d 317 (6th Cir. 1990). · cites it 2× “40 C.F.R. 22.13. However, revocation under this section is not permitted until a trial on the issues is concluded.”

Naturaland Trust v. Dakota Fin. LLC, 41 F.4th 342 (4th Cir. 2022). · cites it 3× “40 C.F.R. §§ 22.13 , 22.38. The same regulations further specify that, “before assessing a civil penalty,” a complainant “shall notify the public” either “within 30 days following proof of service of the complaint on the respondent,” or “no less than 40 days before the issuance…”

Oregon State Pub. Interest Rsch. Grp., Inc. v. Pac. Coast Seafoods Co., 341 F. Supp. 2d 1170 (D. Or. 2004). “40 C.F.R. § 22.13 . Conversely, O.R.S. 468B.”

United States v. Solar Turbines, Inc., 732 F. Supp. 535 (M.D. Penn. 1989). “See 40 C.F.R. § 22.13 . None of the situations listed there as limits on EPA’s authority exist here.”

Grocery Outlet, Inc. v. Naftali, Inc. (N.D. Cal. 2024). “EPA’s Civil Penalty Against Grocery Outlet 5 On August 29, 2023, the EPA and Grocery Outlet executed a Consent Agreement 6 and Final Order Pursuant to 40 C.F.R. §§ 22.13 (b) and 22.18(b) (“Consent Agreement”), 7 which resolved the investigation into the alleged FIFRA violations.”

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