(a) Violation of permit, standard, regulation, condition, requirement, or order. Notice regarding an alleged violation of a permit, standard, regulation, condition, requirement, or order which has become effective under this Act shall include sufficient information to permit the recipient to identify the specific permit, standard, regulation, condition, requirement, or order which has allegedly been violated, the activity alleged to constitute a violation, the person or persons responsible for the alleged violation, the date or dates of the violation, and the full name, address, and telephone number of the person giving notice.
(b) Failure to act. Notice regarding an alleged failure of the Administrator to perform an act or duty which is not discretionary under the Act shall identify the provisions of the Act which require such act or create such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform the act or duty, and shall state the full name, address, and telephone number of the person giving the notice.
(c) Identification of counsel. The notice shall state the name, address, and telephone number of the legal counsel, if any, representing the person giving the notice.
Notes of Decisions
Cited in
31
cases (
5 in the last 5 years), 1985–2025 · leading case:
Brod v. Omya, Inc., 653 F.3d 156 (2d Cir. 2011).
Brod v. Omya, Inc., 653 F.3d 156 (2d Cir. 2011).
· cites it 4× “40 C.F.R. § 254.3 (a) (2011) (emphasis supplied).”
Gregory Vill. Partners, L.P. v. Chevron U.S.A., Inc., 805 F. Supp. 2d 888 (N.D. Cal. 2011).
· cites it 3× “For example, under 40 C.F.R. § 254.3 , the notice shall include sufficient information to permit the recipient to identify the specific permit, standard, regulation, condition, requirement, or order which has allegedly been violated, the activity alleged to constitute a…”
Hackensack Riverkeeper, Inc. v. Delaware Ostego Corp., 450 F. Supp. 2d 467 (D.N.J. 2006).
· cites it 4× “§§ 6972 (b)(1)(A), (b)(2)(A) and 40 C.F.R. § 254.3 (Third Affirmative Defense); (iii) the Complaint should be dismissed because Plaintiffs are without standing to prosecute the RCRA claim (Seventh Affirmative Defense); and (iv) The Complaint should be dismissed because RCRA is…”
Glazer v. Am. Ecology Env't Servs. Corp., 894 F. Supp. 1029 (E.D. Tex. 1995).
· cites it 3× “Defendant Gibraltar also claims that the plaintiffs’ notices are inadequate when judged in accordance with 40 C.F.R. § 254.3 (a), which states, in relevant part, Notice regarding an alleged violation of a permit, standard, regulation, condition, requirement, or order which has…”
Clean Harbors Servs., Inc. v. Ill. Int'l, 309 F. Supp. 3d 556 (E.D. Ill. 2018).
· cites it 4× “Pier Allegations The Port District argues that Clean Harbors failed to provide it with any notice of the pier allegations in its notice letter. The Court agrees. Clean Harbors' notice, 3 which is lengthy and cited verbatim in the footnote, only discussed the Port District's…”
Aiello v. Town of Brookhaven, 136 F. Supp. 2d 81 (E.D.N.Y 2001).
“In addition, the EPA has promulgated regulations specifying the content of the notice "regarding an alleged violation of a permit, standard, regulation, condition, requirement, or order,” see 40 C.F.R. § 254.3 (July 1, 1993), and the particular representatives of the state to…”
Fishel v. Westinghouse Elec. Corp., 617 F. Supp. 1531 (M.D. Penn. 1985).
· cites it 2× “Specifically, Westinghouse complains that plaintiffs’ allegations are sweeping, nonspecific and fail to set forth, as required by 40 C.F.R. § 254.3 (a), the specific permit, standard, regulation, condition, requirement or order allegedly violated, the activity causing the…”
Sherrill v. Mayor of Baltimore, 31 F. Supp. 3d 750 (D. Maryland 2014).
· cites it 3× “The prescribed content of the notice is laid out in 40 C.F.R. § 254.3 : Notice regarding an alleged violation of a permit, standard, regulation, condition, requirement, or order which has become effective under this Act shall include sufficient information to permit the…”
Brewer v. Ravan, 680 F. Supp. 1176 (M.D. Tenn. 1988).
“40 C.F.R. § 254.3 (a) (1987). The primary purpose not only of RCRA’s, but of the other federal environmental law’s notice requirements is “to give the EPA an opportunity to resolve issues regarding the interpretation of complex environmental standards by negotiation, unhindered…”
— 40 C.F.R. § 254.3(a) — 2 cases
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