[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR123.30]

[Page 252]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 123_STATE PROGRAM REQUIREMENTS--Table of Contents
 
                   Subpart B_State Program Submissions
 
Sec.  123.30  Judicial review of approval or denial of permits.

    All States that administer or seek to administer a program under 
this part shall provide an opportunity for judicial review in State 
Court of the final approval or denial of permits by the State that is 
sufficient to provide for, encourage, and assist public participation in 
the permitting process. A State will meet this standard if State law 
allows an opportunity for judicial review that is the same as that 
available to obtain judicial review in federal court of a federally-
issued NPDES permit (see Sec.  509 of the Clean Water Act). A State will 
not meet this standard if it narrowly restricts the class of persons who 
may challenge the approval or denial of permits (for example, if only 
the permittee can obtain judicial review, if persons must demonstrate 
injury to a pecuniary interest in order to obtain judicial review, or if 
persons must have a property interest in close proximity to a discharge 
or surface waters in order to obtain judicial review.) This requirement 
does not apply to Indian Tribes.

[61 FR 20980, May 8, 1996]