cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:1.0.1.1.13.1.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.1 Purpose and scope. | EPA | This regulation prescribes standards and procedures for the Environmental Protection Agency's (EPA's) collection and disposal of debts. These standards and procedures are applicable to all debts for which a statute, regulation or contract does not prescribe different standards or procedures. This regulation covers EPA's collection, compromise, suspension, termination, and referral of debts. | ||||
| 40:40:1.0.1.1.13.1.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.2 Definitions. | EPA | (a) Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, grants, contracts, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources. As used in this regulation, the terms debt and claim are synonymous. (b) Delinquent debt means any debt which has not been paid by the date specified by the Government for payment or which has not been satisfied in accordance with a repayment agreement. (c) Debtor means an individual, organization, association, corporation, or a State or local government indebted to the United States or a person or entity with legal responsibility for assuming the debtor's obligation. (d) Agency means the United States Environmental Protection Agency. (e) Administrator means the Administrator of EPA or an EPA employee or official designated to act on the Administrator's behalf. (f) Administrative offset means the withholding of money payable by the United States to, or held by the United States for, a person to satisfy a debt the person owes the Government. (g) Creditor agency means the Federal agency to which the debt is owed. (h) Disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount described in 5 CFR 581.105 (b) through (f). These deductions include, but are not limited to: Social security withholdings; Federal, State and local tax withholdings; health insurance premiums; retirement contributions; and life insurance premiums. (i) Employee means a current employee of the Federal Government including a current member of the Armed Forces. (j) Person means an individual, firm, partnership, corporatio… | ||||
| 40:40:1.0.1.1.13.1.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.3 Interagency claims. | EPA | This regulation does not apply to debts owed EPA by other Federal agencies. Such debts will be resolved by negotiation between the agencies or by referral to the General Accounting Office (GAO). | ||||
| 40:40:1.0.1.1.13.1.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.4 Other remedies. | EPA | (a) This regulation does not supersede or require omission or duplication of administrative proceedings required by contract, statute, regulation or other Agency procedures, e.g., resolution of audit findings under grants or contracts, informal grant appeals, formal appeals, or review under a procurement contract. (b) The remedies and sanctions available to the Agency under this regulation for collecting debts are not intended to be exclusive. The Agency may impose, where authorized, other appropriate sanctions upon a debtor for inexcusable, prolonged or repeated failure to pay a debt. For example, the Agency may stop doing business with a grantee, contractor, borrower or lender; convert the method of payment under a grant or contract from an advance payment to a reimbursement method; or revoke a grantee's or contractor's letter-of-credit. | ||||
| 40:40:1.0.1.1.13.1.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.5 Claims involving criminal activities or misconduct. | EPA | (a) The Administrator will refer cases of suspected criminal activity or misconduct to the EPA Office of Inspector General. That office has the responsibility for investigating or referring the matter, where appropriate, to the Department of Justice (DOJ), and/or returning it to the Administrator for further actions. Examples of activities which should be referred are matters involving fraud, anti-trust violations, embezzlement, theft, false claims or misuse of Government money or property. (b) The Administrator will not administratively compromise, terminate, suspend or otherwise dispose of debts involving criminal activity or misconduct without the approval of DOJ. | ||||
| 40:40:1.0.1.1.13.1.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.6 Subdivision of claims not authorized. | EPA | A claim will not be subdivided to avoid the $20,000 limit on the Agency's authority to compromise, suspend, or terminate a debt. A debtor's liability arising from a particular transaction or contract is a single claim. | ||||
| 40:40:1.0.1.1.13.1.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.7 Omission not a defense. | EPA | Failure by the Administrator to comply with any provision of this regulation is not available to a debtor as a defense against payment of a debt. | ||||
| 40:40:1.0.1.1.13.2.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.8 Collection rule. | EPA | (a) The Administrator takes action to collect all debts owed the United States arising out of EPA activities and to reduce debt delinquencies. Collection actions may include sending written demands to the debtor's last known address. Written demand may be preceded by other appropriate action, including immediate referral to DOJ for litigation, when such action is necessary to protect the Government's interest. The Administrator may contact the debtor by telephone, in person and/or in writing to demand prompt payment, to discuss the debtor's position regarding the existence, amount or repayment of the debt, to inform the debtor of its rights (e.g., to apply for waiver of the indebtedness or to have an administrative review) and of the basis for the debt and the consequences of nonpayment or delay in payment. (b) The Administrator maintains an administrative file for each debt and/or debtor which documents the basis for the debt, all administrative collection actions regarding the debt (including communications to and from the debtor) and its final disposition. Information from a debt file relating to an individual may be disclosed only for purposes which are consistent with this regulation, the Privacy Act of 1974 and other applicable law. | ||||
| 40:40:1.0.1.1.13.2.1.10 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.17 Suspension or revocation of license or eligibility. | EPA | When collecting statutory penalties, forfeitures, or debts for purposes of enforcement or compelling compliance, the Administrator may suspend or revoke licenses or other privileges for any inexcusable, prolonged or repeated failure of a debtor to pay a claim. Additionally, the Administrator may suspend or disqualify any contractor, lender, broker, borrower, grantee or other debtor from doing business with EPA or engaging in programs EPA sponsors or funds if a debtor fails to pay its debts to the Government within a reasonable time. Debtors will be notified before such action is taken and applicable suspension or debarment procedures will be used. The Administrator will report the failure of any surety to honor its obligations to the Treasury Department for action under 6 U.S.C. 11. | ||||
| 40:40:1.0.1.1.13.2.1.11 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.18 Installment payments. | EPA | (a) Whenever, feasible, and except as otherwise provided by law, debts owed to the United States, together with interest, penalty and administrative costs, as required by § 13.11, will be collected in a single payment. However, where the Administrator determines that a debtor is financially unable to pay the indebtedness in a single payment or that an alternative payment mechanism is in the best interest of the United States, the Administrator may approve repayment of the debt in installments. The debtor has the burden of establishing that it is financially unable to pay the debt in a single payment or that an alternative payment mechanism is warranted. If the Administrator agrees to accept payment by installments, the Administrator may require a debtor to execute a written agreement which specifies all the terms of the repayment arrangement and which contains a provision accelerating the debt in the event of default. The size and frequency of installment payments will bear a reasonable relation to the size of the debt and the debtor's ability to pay. The installment payments will be sufficient in size and frequency to liquidate the debt in not more than 3 years, unless the Administrator determines that a longer period is required. Installment payments of less than $50 per month generally will not be accepted, but may be accepted where the debtor's financial or other circumstances justify. If the debt is unsecured, the Administrator may require the debtor to execute a confess-judgment note with a tax carry-forward and a tax carry-back provision. Where the Administrator secures a confess-judgment note, the Administrator will provide the debtor a written explanation of the consequences of the debtor's signing the note. (b) If a debtor owes more than one debt and designates how a voluntary installment payment is to be applied among the debts, that designation will be approved if the Administrator determines that the designation is in the best interest of the United States. If the debtor does not designate how the p… | ||||
| 40:40:1.0.1.1.13.2.1.12 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.19 Analysis of costs; automation; prevention of overpayments, delinquencies or defaults. | EPA | (a) The Administrator may periodically compare EPA's costs in handling debts with the amounts it collects, (b) The Administrator may periodically consider the need, feasibility, and cost effectiveness of automated debt collection operations. (c) The Administrator may establish internal controls to identify the causes of overpayments and delinquencies and may issue procedures to prevent future occurrences of the identified problems. | ||||
| 40:40:1.0.1.1.13.2.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.9 Initial notice. | EPA | (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 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 § 13.14), a collection agency (see § 13.13) or to DOJ (see § 13.33) if it is not paid. | ||||
| 40:40:1.0.1.1.13.2.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.10 Aggressive collection actions; documentation. | EPA | (a) EPA takes actions and effective follow-up on a timely basis to collect all claims of the United States for money and property arising out of EPA's activities. EPA cooperates with other Federal agencies in their debt collection activities. (b) All administrative collection actions are documented in the claim file, and the bases for any compromise, termination or suspension of collection actions is set out in detail. This documentation, including the Claims Collection Litigation Report required § 13.33, is retained in the appropriate debt file. | ||||
| 40:40:1.0.1.1.13.2.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.11 Interest, penalty and administrative costs. | EPA | (a) Interest. EPA will assess interest on all delinquent debts unless prohibited by statute, regulation or contract. (1) Interest begins to accrue on all debts from the date of the initial notice to the debtor. EPA will not recover interest where the debt is paid within 30 days of the date of the notice. EPA will assess an annual rate of interest that is equal to the rate of the current value of funds to the United States Treasury ( i.e., the Treasury tax and loan account rate) as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins, unless a different rate is necessary to protect the interest of the Government. EPA will notify the debtor of the basis for its finding that a different rate is necessary to protect the interest of the Government. (2) The Administrator may extend the 30-day period for payment where he determines that such action is in the best interest of the Government. A decision to extend or not to extend the payment period is final and is not subject to further review. (3) The rate of interest, as initially assessed, remains fixed for the duration of the indebtedness. If a debtor defaults on a repayment agreement, interest may be set at the Treasury rate in effect on the date a new agreement is executed. (4) Interest will not be assessed on interest charges, administrative costs or later payment penalties. However, where a debtor defaults on a previous repayment agreement and interest, administrative costs and penalties charges have been waived under the defaulted agreement, these charges can be reinstated and added to the debt principal under any new agreement and interest charged on the entire amount of the debt. (b) Administrative costs of collecting overdue debts. The costs of the Agency's administrative handling of overdue debts, based on either actual or average cost incurred, will be charged on all debts except those owed by State and local governments and Indian tribes. These costs include both … | ||||
| 40:40:1.0.1.1.13.2.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.12 Interest and charges pending waiver or review. | EPA | Interest, penalty charges and administrative costs will continue to accrue on a debt during administrative appeal, either formal or informal, and during waiver consideration by the Agency; except, that interest, penalty charges and administrative costs will not be assessed where a statute or a regulation specifically prohibits collection of the debt during the period of the administrative appeal or the Agency review. | ||||
| 40:40:1.0.1.1.13.2.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.13 Contracting for collection services. | EPA | EPA will use private collection services where it determines that their use is in the best interest of the Government. Where EPA determines that there is a need to contract for collection services it will— (a) Retain sole authority to resolve any dispute by the debtor of the validity of the debt, to compromise the debt, to suspend or terminate collection action, to refer the debt to DOJ for litigation, and to take any other action under this part which does not result in full collection of the debt; (b) Require the contractor to comply with the Privacy Act of 1974, as amended, to the extent specified in 5 U.S.C. 552a(m), with applicable Federal and State laws pertaining to debt collection practices (e.g., the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq. )), and with applicable regulations of the Internal Revenue Service; (c) Require the contractor to account accurately and fully for all amounts collected; and (d) Require the contractor to provide to EPA, upon request, all data and reports contained in its files relating to its collection actions on a debt. | ||||
| 40:40:1.0.1.1.13.2.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.14 Use of credit reporting agencies. | EPA | EPA reports delinquent debts to appropriate credit reporting agencies. (a) EPA provides the following information to the reporting agencies: (1) A statement that the claim is valid and is overdue; (2) The name, address, taxpayer identification number and any other information necessary to establish the identity of the debtor; (3) The amount, status and history of the debt; and (4) The program or pertinent activity under which the debt arose. (b) Before disclosing debt information, EPA will: (1) Take reasonable action to locate the debtor if a current address is not available; and (2) If a current address is available, notify the debtor by certified mail, return receipt requested, that: (i) The designated EPA official has reviewed the claim and has determined that it is valid and overdue; (ii) That within 60 days EPA intends to disclose to a credit reporting agency the information authorized for disclosure by this subsection; and (iii) The debtor can request a complete explanation of the claim, can dispute the information in EPA's records concerning the claim, and can file for an administrative review, waiver or reconsideration of the claim, where applicable. (c) Before information is submitted to a credit reporting agency, EPA will provide a written statement to the reporting agency that all required actions have been taken. Additionally, EPA will, thereafter, ensure that the credit reporting agency is promptly informed of any substantive change in the conditions or amounts of the debt, and promptly verify or correct information relevant to the claim. (d) If a debtor disputes the validity of the debt, the credit reporting agency will refer the matter to the appropriate EPA official. The credit reporting agency will exclude the debt from its reports until EPA certifies in writing that the debt is valid. | ||||
| 40:40:1.0.1.1.13.2.1.8 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.15 Taxpayer information. | EPA | (a) The Administrator may obtain a debtor's current mailing address from the Internal Revenue Service. (b) Addresses obtained from the Internal Revenue Service will be used by the Agency, its officers, employees, agents or contractors and other Federal agencies only to collect or dispose of debts, and may be disclosed to credit reporting agencies only for the purpose of their use in preparing a commercial credit report on the taxpayer for use by EPA. | ||||
| 40:40:1.0.1.1.13.2.1.9 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.16 Liquidation of collateral. | EPA | Where the Administrator holds a security instrument with a power of sale or has physical possession of collateral, he may liquidate the security or collateral and apply the proceeds to the overdue debt. EPA will exercise this right where the debtor fails to pay within a reasonable time after demand, unless the cost of disposing of the collateral is disproportionate to its value or special circumstances require judicial foreclosure. However, collection from other businesses, including liquidation of security or collateral, is not a prerequisite to requiring payment by a surety or insurance company unless expressly required by contract or statute. The Administrator will give the debtor reasonable notice of the sale and an accounting of any surplus proceeds and will comply with any other requirements of law or contract. | ||||
| 40:40:1.0.1.1.13.3.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.20 Administrative offset of general debts. | EPA | This subpart provides for EPA's collection of debts by administrative offset under section 5 of the Debt Collection Act of 1982 (31 U.S.C. 3716), other statutory authorities and the common law. It does not apply to offsets against employee salaries covered by §§ 13.21, 13.22 and 13.23 of this subpart. EPA will collect debts by administrative offsets where it determines that such collections are feasible and are not otherwise prohibited by statute or contract. EPA will decide, on a case-by-case basis, whether collection by administrative offset is feasible and that its use furthers and protects the interest of the United States. (a) Standards. (1) The Administrator collects debts by administrative offset if— (i) The debt is certain in amount; (ii) Efforts to obtain direct payment from the debtor have been, or would most likely be, unsuccessful or the Administrator and the debtor agree to the offset; (iii) Offset is not expressly or implicitly prohibited by statute, regulation or contract; (iv) Offset is cost-effective or has significant deterrent value; (v) Offset does not substantially impair or defeat program objectives; and (vi) Offset is best suited to further and protect the Government's interest. (2) The Administrator may, in determining the method and amount of the offset, consider the financial impact on the debtor. (b) Interagency offset. The Administrator may offset a debt owed to another Federal agency from amounts due or payable by EPA to the debtor, or may request another Federal agency to offset a debt owed to EPA. The Administrator may request the Internal Revenue Service to offset an overdue debt from a Federal income tax refund due a debtor where reasonable attempts to obtain payment have failed. Interagency offsets from employee salaries will be made in accordance with the procedures contained in §§ 13.22 and 13.23. (c) Multiple debts. Where moneys are available for offset against multiple debts of a debtor, it will be applied in accordance with the best interest of the Governmen… | ||||
| 40:40:1.0.1.1.13.3.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.21 Employee salary offset—general. | EPA | (a) Purpose. This section establishes EPA's policies and procedures for recovery of debts owed to the United States by installment collection from the current pay account of an employee. (b) Scope. The provisions of this section apply to collection by salary offset under 5 U.S.C. 5514 of debts owed EPA and debts owed to other Federal agencies by EPA employees. This section does not apply to debts owed EPA arising from travel advances under 5 U.S.C. 5705, employee training expenses under 5 U.S.C. 4108 and to other debts where collection by salary offset is explicitly provided for or prohibited by another statute. (c) References. The following statutes and regulations apply to EPA's recovery of debts due the United States by salary offset: (1) 5 U.S.C. 5514, as amended, governing the installment collection of debts; (2) 31 U.S.C. 3716, governing the liquidation of debts by administrative offset; (3) 5 CFR part 550, subpart K, setting forth the minimum requirements for executive agency regulations on salary offset; and (4) 4 CFR parts 101-105, the Federal Claims Collection Standards. | ||||
| 40:40:1.0.1.1.13.3.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.22 Salary offset when EPA is the creditor agency. | EPA | (a) Entitlement to notice, hearing, written response and decision. (1) Prior to initiating collection action through salary offset, EPA will first provide the employee with the opportunity to pay in full the amount owed, unless such notification will compromise the Government's ultimate ability to collect the debt. (2) Except as provided in paragraph (b) of this section, each employee from whom the Agency proposes to collect a debt by salary offset under this section is entitled to receive a written notice as described in paragraph (c) of this section. (3) Each employee owing a debt to the United States which will be collected by salary offset is entitled to request a hearing on the debt. This request must be filed as prescribed in paragraph (d) of this section. The Agency will make appropriate hearing arrangements which are consistent with law and regulations. Where a hearing is held, the employee is entitled to a written decision on the following issues: (i) The determination of the Agency concerning the existence or amount of the debt; and (ii) The repayment schedule, if it was not established by written agreement between the employee and the Agency. (b) Exceptions to entitlement to notice, hearing, written response and final decision. The procedural requirements of paragraph (a) of this section are not applicable to any adjustment of pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program (such as health insurance) requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less. However, if the amount to be recovered was accumulated over more than four pay periods the full procedures prescribed under paragraph (d) of this section will be extended to the employee. (c) Notification before deductions begin. Except as provided in paragraph (b) of this section, deductions will not be made unless the employee is first provided with a minimum of 30 calendar days written notice. Notice will be sent b… | ||||
| 40:40:1.0.1.1.13.3.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.23 Salary offset when EPA is not the creditor agency. | EPA | The requirements below apply when EPA has been requested to collect a debt owed by an EPA employee to another Federal agency. (a) Format for the request for recovery. (1) The creditor agency must complete fully the appropriate claim form specified by OPM. (2) The creditor agency must certify to EPA on the debt claim form: The fact that the employee owes a debt; the date that the debt first accrued; and that the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM and send it to the Director, Financial Management Division (2734R), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. (3) If the collection is to be made in installments, the creditor agency must also advise EPA of the number of installments to be collected, the amount of each installment, and the commencement date of the first installment, if a date other than the next established pay period. (4) Unless the employee has consented in writing to the salary deductions or signed a statement acknowledging receipt of the required procedures and this information is attached to the claim form, the creditor agency must indicate the actions it took under its procedures for salary offset and the dates of such actions. (b) Processing of the claim by EPA —(1) Incomplete claims. If EPA receives an improperly completed claim form, the claim form and all accompanying material will be returned to the requesting (creditor) agency with notice that OPM procedures must be followed and a properly completed claim form must be received before any salary offset can be taken. The notice should identify specifically what is needed from the requesting agency for the claim to be processed. (2) Complete claims. If the claim procedures in paragraph (a) of this section have been properly completed, deduction will begin on the next established pay period. EPA will not review the merits of the creditor agency's determinations with respect to the amount or validity of the debt as stated in the debt claim fo… | ||||
| 40:40:1.0.1.1.13.4.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.24 General. | EPA | EPA may compromise claims for money or property where the claim, exclusive of interest, penalty and administrative costs, does not exceed $20,000. Where the claim exceeds $20,000, the authority to accept the compromise rests solely with DOJ. The Administrator may reject an offer of compromise in any amount. Where the claim exceeds $20,000 and EPA recommends acceptance of a compromise offer, it will refer the claim with its recommendation to DOJ for approval. The referral will be in the form of the Claims Collection Litigation Report (CCLR) and will outline the basis for EPA's recommendation. EPA refers compromise offers for claims in excess of $100,000 to the Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC 20530, unless otherwise provided by Department of Justice delegations or procedures. EPA refers offers of compromise for claims of $20,000 to $100,000 to the United States Attorney in whose judicial district the debtor can be found. If the Administrator has a debtor's firm written offer for compromise which is substantial in amount but the Administrator is uncertain as to whether the offer should be accepted, he may refer the offer and the supporting data to DOJ or GAO for action. | ||||
| 40:40:1.0.1.1.13.4.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.25 Standards for compromise. | EPA | (a) EPA may compromise a claim pursuant to this section if EPA cannot collect the full amount because the debtor does not have the financial ability to pay the full amount of the debt within a reasonable time, or the debtor refuses to pay the claim in full and the Government does not have the ability to enforce collection in full within a reasonable time by enforced collection proceedings. In evaluating the acceptability of the offer, the Administrator may consider, among other factors, the following: (1) Individual debtors. (i) Age and health of the debtor; (ii) Present and potential income; (iii) Inheritance prospects; (iv) The possibility that assets have been concealed or improperly transferred by the debtor; (v) The availability of assets or income which may be realized by enforced collection proceedings; or (vi) The applicable exemptions available to the debtor under State and Federal law in determining the Government's ability to enforce collection. (2) Municipal and quasi-municipal debtors. (i) The size of the municipality or quasi-municipal entity; (ii) The availability of current and future resources sufficient to pay the debt (e.g., bonding authority, rate adjustment authority, or taxing authority); or (iii) The ratio of liabilities (both short and long term) to assets. (3) Commercial debtors. (i) Ratio of assets to liabilities; (ii) Prospects of future income or losses; or (iii) The availability of assets or income which may be realized by enforced collection proceedings. (b) EPA may compromise a claim, or recommend acceptance of a compromise to DOJ, where there is substantial doubt concerning the Government's ability to prove its case in court for the full amount of the claim, either because of the legal issues involved or a bona fide dispute as to the facts. The amount accepted in compromise in such cases will fairly reflect the probability of prevailing on the legal issues involved, considering fully the availability of witnesses and other evidentiary data required to support the… | ||||
| 40:40:1.0.1.1.13.4.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.26 Payment of compromised claims. | EPA | The Administrator normally will not approve a debtor's request to pay a compromised claim in installments. However, where the Administrator determines that payment of a compromise by installments is necessary to effect collection, a debtor's request to pay in installments may be approved. Normally, where installment repayment is approved, the debtor will be required to execute a confess-judgment agreement which accelerates payment of the balance due upon default. | ||||
| 40:40:1.0.1.1.13.4.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.27 Joint and several liability. | EPA | When two or more debtors are jointly and severally liable, collection action will not be withheld against one debtor until the other or others pay their proportionate share. The amount of a compromise with one debtor is not precedent in determining compromises from other debtors who have been determined to be jointly and severally liable on the claim. | ||||
| 40:40:1.0.1.1.13.4.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.28 Execution of releases. | EPA | Upon receipt of full payment of a claim or the amount compromised, EPA will prepare and execute a release on behalf of the United States. The release will include a provision which voids the release if it was procured by fraud, misrepresentation, a false claim or by mutual mistake of fact. | ||||
| 40:40:1.0.1.1.13.5.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | E | Subpart E—Suspension of Collection Action | § 13.29 Suspension—general. | EPA | The Administrator may suspend the Agency's collection actions on a debt where the outstanding debt principal does not exceed $20,000, the Government cannot presently collect or enforce collection of any significant sum from the debtor, the prospects of future collection justify retention of the debt for periodic review and there is no risk of expiration of the statute of limitations during the period of suspension. Additionally, the Administrator may waive the assessment of interest, penalty charges and administrative costs during the period of the suspension. Suspension will be for an established time period and generally will be reviewed at least every six months to ensure the continued propriety of the suspension. DOJ approval is required to suspend debts exceeding $20,000. Unless otherwise provided by DOJ delegations or procedures, the Administrator refers requests for suspension of debts of $20,000 to $100,000 to the United States Attorney in whose district the debtor resides. Debts exceeding $100,000 are referred to the Commercial Litigation Branch, Civil Division, Department of Justice, for approval. | ||||
| 40:40:1.0.1.1.13.5.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | E | Subpart E—Suspension of Collection Action | § 13.30 Standards for suspension. | EPA | (a) Inability to locate debtor. The Administrator may suspend collection on a debt where he determines that the debtor cannot be located presently but that there is a reasonable belief that the debtor can be located in the future. (b) Financial condition of debtor. The Administrator may suspend collection action on a claim when the debtor owns no substantial equity in real or personal property and is unable to make payment on the claim or effect a compromise but the debtor's future financial prospects justify retention of the claim for periodic review, provided that: (1) The applicable statute of limitations will not expire during the period of the suspension, can be tolled or has started running anew; (2) Future collection can be effected by offset, notwithstanding the 10-year statute of limitations for administrative offsets; or (3) The debtor agrees to pay interest on the debt and suspension is likely to enhance the debtor's ability to fully pay the principal amount of the debt with interest at a later date. (c) Request for waiver or administrative review — mandatory. The Administrator will suspend collection activity where a statute provides for mandatory waiver consideration or administrative review prior to agency collection of a debt. The Administrator will suspend EPA's collection actions during the period provided for the debtor to request review or waiver and during the period of the Agency's evaluation of the request. (d) Request for waiver or administrative review — permissive. The Administrator may suspend collection activities on debts of $20,000 or less during the pendency of a permissive waiver or administrative review where he determines that: (1) There is a reasonable possibility that waiver will be granted and the debtor may be found not owing the debt (in whole or in part); (2) The Government's interest is protected, if suspension is granted, by the reasonable assurance that the debt can be recovered if the debtor does not prevail; or (3) Collection of the debt will cause undu… | ||||
| 40:40:1.0.1.1.13.6.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | F | Subpart F—Termination of Debts | § 13.31 Termination—general. | EPA | The Administrator may terminate collection actions and write-off debts, including accrued interest, penalty and administrative costs, where the debt principal does not exceed $20,000. If the debt exceeds $20,000, EPA obtains the approval of DOJ in order to terminate further collection actions. Unless otherwise provided for by DOJ regulations or procedures, requests to terminate collection on debts in excess of $100,000 are referred to the Commercial Litigation Branch, Civil Division, Department of Justice, for approval. Debts in excess of $20,000 but $100,000 or less are referred to the United States Attorney in whose judicial district the debtor can be found. | ||||
| 40:40:1.0.1.1.13.6.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | F | Subpart F—Termination of Debts | § 13.32 Standards for termination. | EPA | A debt may be terminated where the Administrator determines that: (a) The Government cannot collect or enforce collection of any significant sum from the debtor, having due regard for available judicial remedies, the debtor's ability to pay, and the exemptions available to the debtor under State and Federal law; (b) The debtor cannot be located, there is no security remaining to be liquidated, the applicable statute of limitations has expired, and the prospects of collecting by offset are too remote to justify retention of the claim; (c) The cost of further collection action is likely to exceed the amount recoverable; (d) The claim is determined to be legally without merit; or (e) The evidence necessary to prove the claim cannot be produced or the necessary witnesses are unavailable and efforts to induce voluntary payment have failed. | ||||
| 40:40:1.0.1.1.13.7.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | G | Subpart G—Referrals | § 13.33 Referrals to the Department of Justice. | EPA | (a) Prompt referral. The Administrator refers to DOJ for litigation all claims on which aggressive collection actions have been taken but which could not be collected, compromised, suspended or terminated. Referrals are made as early as possible, consistent with aggressive agency collection action, and within the period for bringing a timely suit against the debtor. (1) Unless otherwise provided by DOJ regulations or procedures, EPA refers for litigation debts of more than $100,000 to the Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC 20530. (2) Unless otherwise provided by DOJ regulations or procedures, EPA refers for litigation debts of $100,000 or less to the United States Attorney in whose judicial district the debtor can be found. (b) Claims Collection Litigation Report (CCLR). Unless an exception has been granted by DOJ, the CCLR is used for referrals of all administratively uncollectible claims to DOJ and is used to refer all offers of compromise. | ||||
| 40:40:1.0.1.1.13.8.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.34 Purpose. | EPA | This subpart establishes procedures for the Environmental Protection Agency (EPA) to refer past-due debts to the Internal Revenue Service (IRS) for offset against the income tax refunds of persons owing debts to EPA. It specifies the Agency procedures and the rights of the debtor applicable to claims for the payment of debts owed to EPA. | ||||
| 40:40:1.0.1.1.13.8.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.35 Applicability and scope. | EPA | (a) This subpart implements 31 U.S.C. 3720A, which authorizes the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. (b) For purposes of this section, a past-due legally enforceable debt referable to the IRS is a debt which is owed to the United States and: (1) Except in the case of a judgment debt, has been delinquent for at least three months but has not been delinquent for more than ten years at the time the offset is made; (2) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1); (3) Is ineligible for administrative offset under 31 U.S.C. 3716(a) by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by administrative offset under 31 U.S.C. 3716(a) by the Agency against amounts payable to or on behalf of the debtor by or on behalf of the Agency; (4) With respect to which EPA has given the taxpayer at least 60 days from the date of notification to present evidence that all or part of the debt is not past-due or not legally enforceable, has considered evidence presented by such taxpayer, if any, and has determined that an amount of such debt is past-due and legally enforceable; (5) Has been disclosed by EPA to a consumer reporting agency as authorized by 31 U.S.C. 3711(f), unless a consumer reporting agency would be prohibited from using such information by 15 U.S.C. 1681c, or unless the amount of the debt does not exceed $100.00; (6) With respect to which EPA has notified or has made a reasonable attempt to notify the taxpayer that the debt is past-due and, unless repaid within 60 days thereafter, the debt will be referred to the IRS for offset against any overpayment of tax; (7) Is at least $25.00; and (8) All other requirements of 31 U.S.C. 3720A and the Department of the Treasury regulations at 26 CFR 301.6402-6 relating to the eligibility of a debt for tax return offset have been satisfied. | ||||
| 40:40:1.0.1.1.13.8.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.36 Administrative charges. | EPA | In accordance with § 13.11, all administrative charges incurred in connection with the referral of a debt to the IRS shall be assessed on the debt and thus increase the amount of the offset. | ||||
| 40:40:1.0.1.1.13.8.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.37 Notice requirement before offset. | EPA | A request for reduction of an IRS tax refund will be made only after EPA makes a determination that an amount is owed and past-due and provides the debtor with 60 days written notice. EPA's notice of intention to collect by IRS tax refund offset (Notice of Intent) will state: (a) The amount of the debt; (b) That unless the debt is repaid within 60 days from the date of EPA's Notice of Intent, EPA intends to collect the debt by requesting the IRS to reduce any amounts payable to the debtor as refunds of Federal taxes paid by an amount equal to the amount of the debt and all accumulated interest and other charges; (c) That the debtor has a right to present evidence that all or part of the debt is not past-due or not legally enforceable; and (d) A mailing address for forwarding any written correspondence and a contact name and phone number for any questions. | ||||
| 40:40:1.0.1.1.13.8.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.38 Review within the Agency. | EPA | (a) Notification by debtor. A debtor who receives a Notice of Intent has the right to present evidence that all or part of the debt is not past-due or not legally enforceable. To exercise this right, the debtor must: (1) Send a written request for a review of the evidence to the address provided in the notice; (2) State in the request the amount disputed and the reasons why the debtor believes that the debt is not past-due or is not legally enforceable; and (3) Include in the request any documents which the debtor wishes to be considered or state that additional information will be submitted within the remainder of the 60-day period. (b) Submission of evidence. The debtor may submit evidence showing that all or part of the debt is not past-due or not legally enforceable along with the notification required by paragraph (a) of this section. Failure to submit the notification and evidence within 60 days will result in an automatic referral of the debt to the IRS without further action by EPA. (c) Review of the evidence. EPA will consider all available evidence related to the debt. Within 30 days, if feasible, EPA will notify the debtor whether EPA has sustained, amended, or cancelled its determination that the debt is past-due and legally enforceable. | ||||
| 40:40:1.0.1.1.13.8.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.39 Agency determination. | EPA | (a) Following review of the evidence, EPA will issue a written decision. (b) If EPA either sustains or amends its determination, it shall notify the debtor of its intent to refer the debt to the IRS for offset against the debtor's Federal income tax refund. If EPA cancels its original determination, the debt will not be referred to IRS. | ||||
| 40:40:1.0.1.1.13.8.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.40 Stay of offset. | EPA | If the debtor timely notifies the EPA that he or she is exercising the right described in § 13.38(a) and timely submits evidence in accordance with § 13.38(b), any notice to the IRS will be stayed until the issuance of a written decision which sustains or amends its original determination. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
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agency TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);