[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR239.9]

[Page 313]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 239--REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF 
ADEQUACY--Table of Contents
 
          Subpart C--Requirements for Adequate Permit Programs
 
Sec. 239.9  Intervention in civil enforcement proceedings.

    Any state seeking approval must provide for intervention in the 
state civil enforcement process by providing either:
    (a) Authority that allows intervention, as a right, in any civil 
action to obtain remedies specified in Sec. 239.8 by any citizen having 
an interest that is or may be adversely affected; or,
    (b) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public involvement in 
all proposed settlements of civil enforcement actions (except where 
immediate action is necessary to adequately protect human health and the 
environment); and,
    (2) It will investigate and provide responses to citizen complaints 
about violations; and,
    (3) It will not oppose citizen intervention when permissive 
intervention is allowed by statute, rule, or regulation.