167.10—Stipulations.
        
        (a) 
         At any time prior to the issuance of a complaint seeking a civil penalty under the Act, the Administrator, in his discretion, may enter into a stipulation with any person in which:
    
    
        
        (1) 
         The Administrator or the Administrator's delegate gives notice of an  apparent violation of the Act, or the regulations issued thereunder, by such person and affords such person an opportunity for a hearing regarding the matter as provided by the Act;
    
    
        
        (2) 
         Such person expressly waives hearing and agrees to a specified order which may include an agreement to pay a specified penalty within a designated time; and
    
    
        
        (3) 
         The Administrator agrees to accept the order in settlement of the particular matter conditioned upon timely payment of the penalty if the order includes an agreement to pay a penalty.
    
    
        
        (b) 
         If the order includes an agreement to pay a penalty and the penalty is not paid within the time designated in such a stipulation, the amount of the penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint.