[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

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

[CITE: 40CFR281.40]



[Page 580]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of 

Contents

 

              Subpart D_Adequate Enforcement of Compliance

 

Sec.  281.40  Requirements for compliance monitoring program and 

authority.





    (a) Any authorized representative of the state engaged in compliance 

inspections, monitoring, and testing must have authority to obtain by 

request any information from an owner or operator with respect to the 

UST system(s) that is necessary to determine compliance with the 

regulations.

    (b) Any authorized representative of the state must have authority 

to require an owner or operator to conduct monitoring or testing.

    (c) Authorized representatives must have the authority to enter any 

site or premises subject to UST system regulations or in which records 

relevant to the operation of the UST system(s) are kept, and to copy 

these records, obtain samples of regulated substances, and inspect or 

conduct the monitoring or testing of UST system(s).

    (d) State programs must have procedures for receipt, evaluation, 

retention and investigation of records and reports required of owners or 

operators and must provide for enforcement of failure to submit these 

records and reports. States that choose to receive electronic documents 

must include the requirements of 40 CFR Part 3--(Electronic reporting) 

in their state program.

    (e)(1) State programs must have inspection procedures to determine, 

independent of information supplied by regulated persons, compliance 

with program requirements, and must provide for enforcement of failure 

to comply with the program requirements. States must maintain a program 

for systematic inspections of facilities subject to regulations in a 

manner designed to determine compliance or non-compliance, to verify 

accuracy of information submitted by owners or operators of regulated 

USTs, and to verify adequacy of methods used by owners or operators in 

developing that information.

    (2) When inspections are conducted, samples taken, or other 

information gathered, these procedures must be conducted in a manner 

(for example, using proper ``chain of custody'' procedures) that will 

produce evidence admissible in an enforcement proceeding, or in court.

    (f) Public effort in reporting violations must be encouraged and the 

state enforcement agency(ies) must make available information on 

reporting procedures. State programs must maintain a program for 

investigating information obtained from the public about suspected 

violations of UST program requirements.

    (g) The state program must maintain the data collected through 

inspections and evaluation of records in such a manner that the 

implementing agency can monitor over time the compliance status of the 

regulated community. Any compilation, index, or inventory of such 

facilities and activities shall be made available to EPA upon request.



[53 FR 37241, Sept. 23, 1988, as amended at 70 FR 59889, Oct. 13, 2005]



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