---
kind: "section"
citation: "40 C.F.R. § 22.42"
title: "40"
number: "22.42"
heading: "Supplemental rules governing the administrative assessment of civil penalties for violations of compliance orders issued to owners or operators of public water systems under part B of the Safe Drinking Water Act."
url: "https://uscodex.org/cfr/40/22.42"
---

# §22.42. Supplemental rules governing the administrative assessment of civil penalties for violations of compliance orders issued to owners or operators of public water systems under part B of the Safe Drinking Water Act.

- (a) **Scope.** This section shall apply, in conjunction with [§§ 22.1 through 22.32](/cfr/40/22.1..22.32.md), in administrative proceedings to assess a civil penalty under section 1414(g)(3)(B) of the Safe Drinking Water Act, [42 U.S.C. 300g-3(g)(3)(B)](/usc/42/300g-3.md?p=g-3-B). Where inconsistencies exist between this section and [§§ 22.1 through 22.32](/cfr/40/22.1..22.32.md), this section shall apply.
- (b) **Choice of forum.** A complaint which specifies that subpart I of this part applies shall also state that respondent has a right to elect a hearing on the record in accordance with [5 U.S.C. 554](/usc/5/554.md), and that respondent waives this right unless it requests in its answer a hearing on the record in accordance with [5 U.S.C. 554](/usc/5/554.md). Upon such request, the Regional Hearing Clerk shall recaption the documents in the record as necessary, and notify the parties of the changes.

## Notes

### Authority

Authority: 7 U.S.C. 1361; 15 U.S.C. 2615; 33 U.S.C. 1319, 1342, 1361, 1415 and 1418; 42 U.S.C. 300g-3(g), 6912, 6925, 6928, 6991e and 6992d; 42 U.S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and 7607(a), 9609, and 11045.

### Source

Source: 64 FR 40176, July 23, 1999, unless otherwise noted.