---
kind: "section"
citation: "40 C.F.R. § 239.7"
title: "40"
number: "239.7"
heading: "Requirements for compliance monitoring authority."
url: "https://uscodex.org/cfr/40/239.7"
---

# §239.7. Requirements for compliance monitoring authority.

- (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.**

## Notes

### Authority

Authority: 42 U.S.C. 6912, 6945.

### Source

Source: 63 FR 57040, Oct. 23, 1998, unless otherwise noted.