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05/03/2022
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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 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.
[63 FR 57040 Oct. 23, 1998]
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