---
kind: "section"
citation: "40 C.F.R. § 239.8"
title: "40"
number: "239.8"
heading: "Requirements for enforcement authority."
url: "https://uscodex.org/cfr/40/239.8"
---

# §239.8. Requirements for enforcement authority.


Any state seeking approval must have the authority to impose the following remedies for violation of state program requirements:

- (a) To restrain immediately and effectively any person by administrative or court order or by suit in a court of competent jurisdiction from engaging in any activity which may endanger or cause damage to human health or the environment.
- (b) To sue in a court of competent jurisdiction to enjoin any threatened or continuing activity which violates any statute, regulation, order, or permit which is part of or issued pursuant to the state program.
- (c) To sue in a court of competent jurisdiction to recover civil penalties for violations of a statute or regulation which is part of the state program or of an order or permit which is issued pursuant to the state program.

## Notes

### Authority

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

### Source

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