section_subject: "Submittal of required plans, proposals, and reports."
cfr_reference: "40 CFR 57.105"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 53 to 59"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)The failure of a smelter owner to submit any plan, report, document or proposal as required by its NSO or by this part shall constitute a violation of its NSO.
(b)If the Administrator determines that a nonferrous smelter is in violation of a requirement contained in an NSO approved under these regulations, the Administrator shall, as provided by section 119(f) of the Act:
(1)Enforce such requirement under section 113 (a), (b), or (c) of the Act;
(2)Revoke the order after notice and opportunity for hearing;
(3)Give notice of noncompliance and commence action under section 120 of the act; or
(4)Take any appropriate combinations of these actions.
(c)Under section 304 of the Act, any person may commence a civil action against an owner or operator of a smelter which is alleged to be in violation or any order approved under this part.