[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.105]

[Page 134]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
                           Subpart A--General
 
Sec. 57.105  Submittal of required plans, proposals, and reports.

    (a) The failure of a smelter owner to submit any plan, report, 
document or proposal as required by its NSO or by this part shall 
constitute a violation of its NSO.
    (b) If the Administrator determines that a nonferrous smelter is in 
violation of a requirement contained in an NSO approved under these 
regulations, the Administrator shall, as provided by section 119(f) of 
the Act:
    (1) Enforce such requirement under section 113 (a), (b), or (c) of 
the Act;
    (2) Revoke the order after notice and opportunity for hearing;
    (3) Give notice of noncompliance and commence action under section 
120 of the act; or
    (4) Take any appropriate combinations of these actions.
    (c) Under section 304 of the Act, any person may commence a civil 
action against an owner or operator of a smelter which is alleged to be 
in violation or any order approved under this part.