40 C.F.R. § 254.2

Service of notice

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(a) Notice of intent to file suit under subsection 7002(a)(1) of the Act shall be served upon an alleged violator of any permit, standard, regulation, condition, requirement, or order which has become effective under this Act in the following manner:

(1) If the alleged violator is a private individual or corporation, service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the owner or site manager of the building, plant, installation, or facility 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 the violation is alleged to have occurred, and the chief administrative officer of the solid waste management agency for the State in which the violation is alleged to have occurred. If the alleged violator is a corporation, a copy of the notice shall also be mailed to the registered agent, if any, of that 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 registered mail, return receipt requested, addressed to, or by personal service upon, the head of that agency. A copy of the notice shall be mailed to the chief administrator of the solid waste management 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 the violation is alleged to have occurred.

(3) If the alleged violator is a Federal agency, service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the head of the agency. 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 the violation is alleged to have occurred, the Attorney General of the United States, and the chief administrative officer of the solid waste management agency for the State in which the violation is alleged to have occurred.

(b) Service of notice of intent to file suit under subsection 7002(a)(2) of the Act shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, DC 20460. A copy of the notice shall be mailed to the Attorney General of the United States.

(c) Notice given in accordance with the provisions of this part shall be considered to have been served on the date of receipt. If service was acomplished by mail, the date of receipt will be considered to be the date noted on the return receipt card.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1986–2024 · leading case: Allied Towing Corp. v. Great E. Petroleum Corp., 642 F. Supp. 1339 (E.D. Va. 1986).

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Allied Towing Corp. v. Great E. Petroleum Corp., 642 F. Supp. 1339 (E.D. Va. 1986). · cites it 3× “Similarly, Publicker’s assertion that this Court is deprived of its jurisdiction because the notice was addressed to the wrong individual, see 40 C.F.R. § 254.2 , is without merit. 6 As noted supra, actual notice is all that is required.”

Coll. Park Holdings, LLC v. Racetrac Petroleum, Inc., 239 F. Supp. 2d 1322 (N.D. Ga. 2002). · cites it 2× “40 C.F.R. § 254.2 (a). Therefore, RaceTrac argues that these procedural deficiencies deprive the court of subject matter jurisdiction.”

Aiello v. Town of Brookhaven, 136 F. Supp. 2d 81 (E.D.N.Y 2001). “See 40 C.F.R. § 254.2 (July 1, 1993). 21 .Citizen suits are statutorily precluded by a variety of governmental interventions, such as when the Administrator or a state is diligently prosecuting an action under RCRA or CERC-LA, is engaged in a CERCLA removal action, or has…”

Two Rivers Terminal, L.P. v. Chevron USA, Inc., 96 F. Supp. 2d 426 (M.D. Penn. 2000). · cites it 2× “40 C.F.R. § 254.2 (a). CUSA is a subsidiary of Chevron Corporation (Chevron) but has always been, and remains, a separate and distinct corporation.”

Walker v. Teledyne Wah Chang, 423 F. Supp. 2d 647 (S.D. Tex. 2003). · cites it 6× “2 (a)(1), which provides: service of notice shall be accomplished by registered mail, return receipt requested, addressed to, or by personal service upon, the owner or site manager of the building, plant, installation, or facility alleged to be in violation.”

Walker v. TDY Holdings, L.L.C., 135 F. Supp. 2d 787 (S.D. Tex. 2001). “Even if it did acknowledge this action, Congress did not intend for notice to be in this form. Service of notice is supposed to take place “by registered mail, return receipt requested, addressed to, or by personal service upon, the head of the agency.”

Mobile Baykeeper, Inc. v. Alabama Power Co. (S.D. Ala. 2024). “§ 6972 (a)(1)(A) and (b) and 40 C.F.R. § 254.2 (a), Baykeeper sent Alabama Power, the EPA, and ADEM notice of alleged RCRA violations and its intent to file suit.”

Aertker v. Dresser L L C (W.D. La. 2022). “claims should be dismissed because: (i) the “Oil and Gas Division of GE” lacks capacity to be sued; (ii) Plaintiff cannot establish as a matter of law his “ownership-based claims” brought pursuant to Louisiana Mineral Code Article 10 and the natural servitude of drain under…”

Melton Props., LLC v. Illinois Cent. R.R. Co. (N.D. Miss. 2020). “” 40 C.F.R. § 254.2 (a)(1).8 It is undisputed that the RCRA notice was served on Illinois Central’s Mississippi agent on December 26, 2017.”

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