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Federal regulations · Through 2026-08-25 · Newer source version available

40 CFR 13.16: Liquidation of collateral.

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Where this section sits in the code
  1. Title 40—Protection of Environment
  2. CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY
  3. SUBCHAPTER A—GENERAL
  4. PART 13—CLAIMS COLLECTION STANDARDS
  5. Subpart B—Collection

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.

Collected 2026-08-27T02:26:04Z. Source file · JSON

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