40 CFR § 239.8 - Requirements for enforcement authority.

---
identifier: "/us/cfr/t40/s239.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 239.8 - Requirements for enforcement authority."
title_number: 40
title_name: "Protection of Environment"
section_number: "239.8"
section_name: "Requirements for enforcement authority."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "239"
part_name: "REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6912, 6945."
regulatory_source: "63 FR 57040, Oct. 23, 1998, unless otherwise noted."
cfr_part: "239"
---


# 239.8 Requirements for enforcement authority.

Any state seeking approval must have the authority to impose the following remedies for violation of state program requirements:

(a) To restrain immediately and effectively any person by administrative or court order or by suit in a court of competent jurisdiction from engaging in any activity which may endanger or cause damage to human health or the environment.

(b) To sue in a court of competent jurisdiction to enjoin any threatened or continuing activity which violates any statute, regulation, order, or permit which is part of or issued pursuant to the state program.

(c) To sue in a court of competent jurisdiction to recover civil penalties for violations of a statute or regulation which is part of the state program or of an order or permit which is issued pursuant to the state program.