---
kind: "section"
citation: "40 C.F.R. § 239.9"
title: "40"
number: "239.9"
heading: "Intervention in civil enforcement proceedings."
url: "https://uscodex.org/cfr/40/239.9"
---

# §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](/cfr/40/239.8.md) 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.

## Notes

### Authority

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

### Source

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