§239.7. Requirements for compliance monitoring authority.
40 C.F.R. § 239.7
The state must have the authority to:
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;
Conduct monitoring or testing to ensure that owners and operators are in compliance with the state requirements; and
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.
A state must demonstrate that its compliance monitoring program provides for inspections adequate to determine compliance with the approved state permit program.
A state must demonstrate that its compliance monitoring program provides mechanisms or processes to:
Verify the accuracy of information submitted by owners or operators of Subtitle D regulated facilities;
Verify the adequacy of methods (including sampling) used by owners or operators in developing that information;
Produce evidence admissible in an enforcement proceeding; and
Receive and ensure proper consideration of information submitted by the public.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 6912, 6945.
Source
Source: 63 FR 57040, Oct. 23, 1998, unless otherwise noted.