[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.13]

[Page 805]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501_STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS
--Table of Contents
 
         Subpart B_Development and Submission of State Programs
 
Sec. 501.13  Attorney General's statement.

    Any State that seeks to administer a program under this part shall 
submit a statement from the State Attorney General (or the attorney for 
those State or interstate agencies which have independent legal counsel) 
that the laws of the State, or an interstate compact, provide adequate 
authority to carry out the program described under Sec. 501.12 and to 
meet the requirements of this part. This statement shall include 
citations to the specific statutes, administrative regulations, and, 
where appropriate, judicial decisions which demonstrate adequate 
authority. State statutes and regulations cited by the State Attorney 
General or independent legal counsel shall be in the form of lawfully 
adopted State statutes and regulations at the time the statement is 
signed and shall be fully effective by the time the program is approved. 
To qualify as ``independent legal counsel'' the attorney signing the 
statement required by this section must have full authority to 
independently represent the State agency in court on all matters 
pertaining to the State program. If a State (which is not an Indian 
Tribe) seeks to carry out the program on Indian lands, the statement 
shall include an appropriate opinion and analysis of the State's legal 
authority.

[54 FR 18786, May 2, 1989, as amended at 58 FR 67984, Dec. 22, 1993]