---
kind: "section"
citation: "40 C.F.R. § 57.105"
title: "40"
number: "57.105"
heading: "Submittal of required plans, proposals, and reports."
url: "https://uscodex.org/cfr/40/57.105"
---

# §57.105. Submittal of required plans, proposals, and reports.

- (a) The failure of a smelter owner to submit any plan, report, document or proposal as required by its NSO or by this part shall constitute a violation of its NSO.
- (b) If the Administrator determines that a nonferrous smelter is in violation of a requirement contained in an NSO approved under these regulations, the Administrator shall, as provided by section 119(f) of the Act:
  - (1) Enforce such requirement under section 113 (a), (b), or (c) of the Act;
  - (2) Revoke the order after notice and opportunity for hearing;
  - (3) Give notice of noncompliance and commence action under [section 120](/cfr/40/120.md) of the act; or
  - (4) **Take any appropriate combinations of these actions.**
- (c) Under section 304 of the Act, any person may commence a civil action against an owner or operator of a smelter which is alleged to be in violation or any order approved under this part.

## Notes

### Authority

Authority: Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 U.S.C. 7410, 7414, 7419, and 7601); sec. 406 of Pub. L. 95-95.

### Source

Source: 50 FR 6448, Feb. 15, 1985, unless otherwise noted.