[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: 40CFR7.35]

[Page 141-142]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 7_NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY--Table of Contents
 
    Subpart B_Discrimination Prohibited on the Basis of Race, Color, 
                         National Origin or Sex
 
Sec. 7.35  Specific prohibitions.

    (a) As to any program or activity receiving EPA assistance, a 
recipient shall not directly or through contractual, licensing, or other 
arrangements on the basis of race, color, national origin or, if 
applicable, sex:
    (1) Deny a person any service, aid or other benefit of the program 
or activity;
    (2) Provide a person any service, aid or other benefit that is 
different, or is provided differently from that provided to others under 
the program or activity;
    (3) Restrict a person in any way in the enjoyment of any advantage 
or privilege enjoyed by others receiving any service, aid, or benefit 
provided by the program or activity;
    (4) Subject a person to segregation in any manner or separate 
treatment in any way related to receiving services or benefits under the 
program or activity;
    (5) Deny a person or any group of persons the opportunity to 
participate as members of any planning or advisory body which is an 
integral part of the program or activity, such as a local sanitation 
board or sewer authority;
    (6) Discriminate in employment on the basis of sex in any program or 
activity subject to section 13, or on the basis of race, color, or 
national origin in any program or activity whose purpose is to create 
employment; or, by means of employment discrimination, deny intended 
beneficiaries the benefits of EPA assistance, or subject the 
beneficiaries to prohibited discrimination.

[[Page 142]]

    (7) In administering a program or activity receiving Federal 
financial assistance in which the recipient has previously discriminated 
on the basis of race, color, sex, or national origin, the recipient 
shall take affirmative action to provide remedies to those who have been 
injured by the discrimination.
    (b) A recipient shall not use criteria or methods of administering 
its program or activity which have the effect of subjecting individuals 
to discrimination because of their race, color, national origin, or sex, 
or have the effect of defeating or substantially impairing 
accomplishment of the objectives of the program or activity with respect 
to individuals of a particular race, color, national origin, or sex.
    (c) A recipient shall not choose a site or location of a facility 
that has the purpose or effect of excluding individuals from, denying 
them the benefits of, or subjecting them to discrimination under any 
program or activity to which this part applies on the grounds of race, 
color, or national origin or sex; or with the purpose or effect of 
defeating or substantially impairing the accomplishment of the 
objectives of this subpart.
    (d) The specific prohibitions of discrimination enumerated above do 
not limit the general prohibition of Sec. 7.30.

[49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003]