40 CFR § 239.9 - Intervention in civil enforcement proceedings.

---
identifier: "/us/cfr/t40/s239.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 239.9 - Intervention in civil enforcement proceedings."
title_number: 40
title_name: "Protection of Environment"
section_number: "239.9"
section_name: "Intervention in civil enforcement proceedings."
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"
---


# 239.9 Intervention in civil enforcement proceedings.

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.