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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) The state must have the authority to:
(1) Obtain any and all information necessary, including records and reports, from an owner or operator of a Subtitle D regulated facility, to determine whether the owner or operator is in compliance with the state requirements;
(2) Conduct monitoring or testing to ensure that owners and operators are in compliance with the state requirements; and
(3) Enter any site or premise subject to the permit program or in which records relevant to the operation of Subtitle D regulated facilities or activities are kept.
(b) A state must demonstrate that its compliance monitoring program provides for inspections adequate to determine compliance with the approved state permit program.
(c) A state must demonstrate that its compliance monitoring program provides mechanisms or processes to:
(1) Verify the accuracy of information submitted by owners or operators of Subtitle D regulated facilities;
(2) Verify the adequacy of methods (including sampling) used by owners or operators in developing that information;
(3) Produce evidence admissible in an enforcement proceeding; and
(4) Receive and ensure proper consideration of information submitted by the public.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.239.7 Requirements for compliance monitoring authority - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-239-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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