[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR13.9]
[Page 198-199]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 13_CLAIMS COLLECTION STANDARDS--Table of Contents
Subpart B_Collection
Sec. 13.9 Initial notice.
(a) When the Administrator determines that a debt is owed EPA, he
provides a written initial notice to the debtor. Unless otherwise
provided by agreement, contract or order, the initial notice informs the
debtor:
(1) Of the amount, nature and basis of the debt;
(2) That payment is due immediately upon receipt of the notice;
(3) That the debt is considered delinquent if it is not paid within
30 days of the date mailed or hand-delivered;
(4) That interest charges and, except for State and local
governments and Indian tribes, penalty charges and administrative costs
may be assessed against a delinquent debt;
(5) Of any rights available to the debtor to dispute the validity of
the debt or to have recovery of the debt waived (citing the available
review or waiver authority, the conditions for review or waiver, and the
effects of the review or waiver request on the collection of the debt),
and of the possibility
[[Page 199]]
of assessment of interest, penalty and administrative costs; and
(6) The address, telephone number and name of the person available
to discuss the debt.
(b) EPA will respond promptly to communications from the debtor.
Response generally will be within 20 days of receipt of communication
from the debtor.
(c) Subsequent demand letters also will advise the debtor of any
interest, penalty or administrative costs which have been assessed and
will advise the debtor that the debt may be referred to a credit
reporting agency (see Sec. 13.14), a collection agency (see Sec.
13.13) or to DOJ (see Sec. 13.33) if it is not paid.