(a) Any state 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.
(4) To prohibit the delivery, deposit, or acceptance of a regulated substance into an
underground storage tank identified by the implementing agency to be ineligible for
such delivery, deposit, or acceptance in accordance with section 9012 of the Solid
Waste Disposal Act.
(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 Solid Waste Disposal Act.
(c) A civil penalty assessed, sought, or agreed upon by the implementing agency(ies) under paragraph (a)(3) of this section must be appropriate to the violation.
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 or via Westlaw before relying on it for your legal needs.
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