[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: 40CFR281.41]



[Page 581]

 

                   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.  281.41  Requirements for enforcement authority.



    (a) Any state agency administering a program must have the authority 

to implement the following remedies for violations of state program 

requirements:

    (1) To restrain immediately and effectively any person by order or 

by suit in state court from engaging in any unauthorized activity that 

is endangering or causing damage to public health or the environment;

    (2) To sue in courts of competent jurisdiction to enjoin any 

threatened or continuing violation of any program requirement;

    (3) To assess or sue to recover in court civil penalties as follows:

    (i) Civil penalties for failure to notify or for submitting false 

information pursuant to tank notification requirements must be capable 

of being assessed up to $5,000 or more per violation.

    (ii) Civil penalties for failure to comply with any state 

requirements or standards for existing or new tank systems must be 

capable of being assessed for each instance of violation, up to $5,000 

or more for each tank for each day of violation. If the violation is 

continuous, civil penalties shall be capable of being assessed up to 

$5,000 or more for each day of violation.

    (b) The burden of proof and degree of knowledge or intent required 

under state law for establishing violations under paragraph (a)(3) of 

this section, must be no greater than the burden of proof or degree of 

knowledge or intent that EPA must provide when it brings an action under 

Subtitle I of the Resource Conservation and Recovery Act.

    (c) A civil penalty assessed, sought, or agreed upon by the state 

enforcement agency(ies) under paragraph (a)(3) of this section must be 

appropriate to the violation.