(a) At any time prior to the filing of objections to the findings
and/or order, a complainant may withdraw his or her complaint under any
of the statutes listed in Sec. 24.100(a) by filing a written
withdrawal with the Assistant Secretary. The Assistant Secretary will
then determine whether to approve the withdrawal. The Assistant
Secretary will notify the respondent of the approval of any withdrawal.
If the complaint is withdrawn because of settlement under the Energy
Reorganization Act, the Clean Air Act, the Safe Drinking Water Act, or
the Toxic Substances Control Act, the settlement must be submitted for
approval in accordance with paragraph (d) of this section. Parties to
settlements under the Federal Water Pollution Control Act, the Solid
Waste Disposal Act, and the Comprehensive Environmental Response,
Compensation and Liability Act are encouraged to submit their
settlements for approval.
(b) The Assistant Secretary may withdraw his or her findings and/or
order, at any time before the expiration of the 30-day objection period
described in Sec. 24.106, provided that no objection has yet been
filed, and substitute new findings and/or a new order. The date of the
receipt of the substituted findings and/or order will begin a new 30-
day objection period.
(c) At any time before the findings or order become final, a party
may withdraw his or her objections to the findings or order by filing a
written withdrawal with the administrative law judge, or, if the case
is on review, with the Board. The judge or the Board, as the case may
be, will determine whether to approve the withdrawal. If the objections
are withdrawn because of settlement under the Energy Reorganization
Act, the Clean Air Act, the Safe Drinking Water Act, or the Toxic
Substances Control Act, the settlement must be submitted for approval
in accordance with paragraph (d) of this section.
(d)(1) Investigative settlements under the Energy Reorganization
Act, the Clean Air Act, the Safe Drinking Water Act, and the Toxic
Substances Control Act. At any time after the filing of a complaint,
and before the findings and/or order are objected to or become a final
order by operation of law, the case may be settled if the Assistant
Secretary, the complainant and the respondent agree to a settlement.
The Assistant Secretary's approval of a settlement reached by the
respondent and the complainant demonstrates his or her consent and
achieves the consent of all three parties.
(2) Adjudicatory settlements under the Energy Reorganization Act,
the Clean Air Act, the Safe Drinking Water Act, and the Toxic
Substances Control Act. At any time after the filing of objections to
the Assistant Secretary's findings and/or order, the case may be
settled if the participating parties agree to a settlement and the
settlement is approved by the administrative law judge if the case is
before the judge, or by the Board if a timely petition for review has
been filed with the Board. A copy of the settlement must be filed with
the administrative law judge or the Board, as the case may be.
(e) Any settlement approved by the Assistant Secretary, the
administrative law judge, or the Board will constitute the final order
of the Secretary and may be enforced pursuant to Sec. 24.113.
