C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER A—GENERAL › PART 24—RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS › Subpart B—Hearings on Orders Requiring Investigations or Studies

40 C.F.R. § 24.10

Scheduling the hearing; pre-hearing submissions by respondent

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Date and time for hearing. The Presiding Officer shall establish the date, time, location, and agenda for the requested public hearing and transmit this information to the parties. Subject to § 24.10(c), the hearing shall be scheduled and held within thirty (30) days of the Agency's receipt of the request for a public hearing.

(b) Pre-hearing submissions by respondent. At any time up to five (5) business days before the hearing respondent may, but is not required to, submit for inclusion in the administrative record information and argument supporting respondent's positions on the facts, law and relief, as each relates to the order in question. A copy of any information or argument submitted by respondent shall be served such that the Clerk and petitioner receive same at least five (5) business days before hearing.

(c) Postponment of hearing. The Presiding Officer may grant an extension of time for the conduct of the hearing upon written request of either party, for good cause shown, and after consideration of any prejudice to other parties. The Presiding Officer may not extend the date by which the request for hearing is due under § 24.05(a).

(d) Location of hearing. The hearing shall be held in the city in which the relevant EPA Regional Office is located, unless the Presiding Officer determines that there is good cause to hold it in another location.

Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: Chem. Waste Mgmt., Inc. & Waste Mgmt. of North Am., Inc. v. U.S. Env't Prot. Agency & Lee M. Thomas, Adm'r, 873 F.2d 1477 (D.C. Cir. 1989).
Sort: Relevance Newest Treatment
Chem. Waste Mgmt., Inc. & Waste Mgmt. of North Am., Inc. v. U.S. Env't Prot. Agency & Lee M. Thomas, Adm'r, 873 F.2d 1477 (D.C. Cir. 1989). “Under either subpart, the operator of a hazardous waste facility may submit written information and argument for inclusion in the record, 40 C.F.R. §§ 24.10 (b) & 24.14(a)(1); make an oral presentation at the hearing itself, 40 C.”
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.