[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: 40CFR239.9]



[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.  239.9  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.