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40 CFR 233.40

§ 233.40 Requirements for compliance evaluation programs.

United States · 40 CFR — Protection of Environment · Status: effective

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40 CFR 233.40, § 233.40 Requirements for compliance evaluation programs, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/184907
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(a) In order to abate violations of the permit program, the State shall maintain a program designed to identify persons subject to regulation who have failed to obtain a permit or to comply with permit conditions. (b) The Director and State officers engaged in compliance evaluation, upon presentation of proper identification, shall have authority to enter any site or premises subject to regulation or in which records relevant to program operation are kept in order to copy any records, inspect, monitor or otherwise investigate compliance with the State program. (c) The State program shall provide for inspections to be conducted, samples to be taken and other information to be gathered in a manner that will produce evidence admissible in an enforcement proceeding. (d) The State shall maintain a program for receiving and ensuring proper consideration of information submitted by the public about violations.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.