[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: 40CFR239.8]



[Page 317]

 

                   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.  239.8  Requirements for enforcement authority.



    Any state seeking approval must have the authority to impose the 

following remedies for violation of state program requirements:

    (a) To restrain immediately and effectively any person by 

administrative or court order or by suit in a court of competent 

jurisdiction from engaging in any activity which may endanger or cause 

damage to human health or the environment.

    (b) To sue in a court of competent jurisdiction to enjoin any 

threatened or continuing activity which violates any statute, 

regulation, order, or permit which is part of or issued pursuant to the 

state program.

    (c) To sue in a court of competent jurisdiction to recover civil 

penalties for violations of a statute or regulation which is part of the 

state program or of an order or permit which is issued pursuant to the 

state program.