---
kind: "section"
citation: "40 C.F.R. § 70.11"
title: "40"
number: "70.11"
heading: "Requirements for enforcement authority."
url: "https://uscodex.org/cfr/40/70.11"
---

# §70.11. Requirements for enforcement authority.


All programs to be approved under this part must contain the following provisions:

- (a) **Enforcement authority.** Any agency administering a program shall have the following enforcement authority to address violations of program requirements by [part 70](/cfr/40/part70.md) sources:
  - (1) To restrain or enjoin immediately and effectively any person by order or by suit in court from engaging in any activity in violation of a permit that is presenting an imminent and substantial endangerment to the public health or welfare, or the environment.
  - (2) To seek injunctive relief in court to enjoin any violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit.
  - (3) To assess or sue to recover in court civil penalties and to seek criminal remedies, including fines, according to the following:
    - (i) Civil penalties shall be recoverable for the violation of any applicable requirement; any permit condition; any fee or filing requirement; any duty to allow or carry out inspection, entry or monitoring activities or, any regulation or orders issued by the permitting authority. These penalties shall be recoverable in a maximum amount of not less than $10,000 per day per violation. State law shall not include mental state as an element of proof for civil violations.
    - (ii) Criminal fines shall be recoverable against any person who knowingly violates any applicable requirement; any permit condition; or any fee or filing requirement. These fines shall be recoverable in a maximum amount of not less than $10,000 per day per violation.
    - (iii) Criminal fines shall be recoverable against any person who knowingly makes any false material statement, representation or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method. These fines shall be recoverable in a maximum amount of not less than $10,000 per day per violation.
- (b) **Burden of proof.** The burden of proof and degree of knowledge or intent required under State law for establishing violations under [paragraph (a)(3)](#a-3) of this section shall be no greater than the burden of proof or degree of knowledge or intent required under the Act.
- (c) **Appropriateness of penalties and fines.** A civil penalty or criminal fine assessed, sought, or agreed upon by the permitting authority under [paragraph (a)(3)](#a-3) of this section shall be appropriate to the violation.

## Notes

### Authority

Authority: 42 U.S.C. 7401, et seq.

### Source

Source: 57 FR 32295, July 21, 1992, unless otherwise noted.