[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.40]



[Page 300]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 233_404 STATE PROGRAM REGULATIONS--Table of Contents

 

             Subpart E_Compliance Evaluation and Enforcement

 

Sec.  233.40  Requirements for compliance evaluation programs.





    (a) In order to abate violations of the permit program, the State 

shall maintain a program designed to identify persons subject to 

regulation who have failed to obtain a permit or to comply with permit 

conditions.

    (b) The Director and State officers engaged in compliance 

evaluation, upon presentation of proper identification, shall have 

authority to enter any site or premises subject to regulation or in 

which records relevant to program operation are kept in order to copy 

any records, inspect, monitor or otherwise investigate compliance with 

the State program.

    (c) The State program shall provide for inspections to be conducted, 

samples to be taken and other information to be gathered in a manner 

that will produce evidence admissible in an enforcement proceeding.

    (d) The State shall maintain a program for receiving and ensuring 

proper consideration of information submitted by the public about 

violations.