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Title 40: Protection of Environment
CHAPTER I: ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
SUBCHAPTER I: SOLID WASTES
PART 239: REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY
Subpart C: Requirements for Adequate Permit Programs
239.9 - Intervention in civil enforcement proceedings.
Any state seeking approval must provide for intervention in the state civil enforcement process by providing either:
(a) Authority that allows intervention, as a right, in any civil action to obtain remedies specified in ? 239.8 by any citizen having an interest that is or may be adversely affected; or,
(b) Assurance by the appropriate state agency that:
(1) It will provide notice and opportunity for public involvement in all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment); and,
(2) It will investigate and provide responses to citizen complaints about violations; and,
(3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.
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