Current through October 31, 2024
Section 239.9 - Intervention in civil enforcement proceedingsAny 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.