[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.41]

[Page 529]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
              Subpart D--Adequate Enforcement of Compliance
 
Sec. 281.41  Requirements for enforcement authority.

    (a) Any state agency administering a program must have the authority 
to implement the following remedies for violations of state program 
requirements:
    (1) To restrain immediately and effectively any person by order or 
by suit in state court from engaging in any unauthorized activity that 
is endangering or causing damage to public health or the environment;
    (2) To sue in courts of competent jurisdiction to enjoin any 
threatened or continuing violation of any program requirement;
    (3) To assess or sue to recover in court civil penalties as follows:
    (i) Civil penalties for failure to notify or for submitting false 
information pursuant to tank notification requirements must be capable 
of being assessed up to $5,000 or more per violation.
    (ii) Civil penalties for failure to comply with any state 
requirements or standards for existing or new tank systems must be 
capable of being assessed for each instance of violation, up to $5,000 
or more for each tank for each day of violation. If the violation is 
continuous, civil penalties shall be capable of being assessed up to 
$5,000 or more for each day of violation.
    (b) The burden of proof and degree of knowledge or intent required 
under state law for establishing violations under paragraph (a)(3) of 
this section, must be no greater than the burden of proof or degree of 
knowledge or intent that EPA must provide when it brings an action under 
Subtitle I of the Resource Conservation and Recovery Act.
    (c) A civil penalty assessed, sought, or agreed upon by the state 
enforcement agency(ies) under paragraph (a)(3) of this section must be 
appropriate to the violation.