[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.25]

[Page 819]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
         Subpart B--Development and Submission of State Programs
 
Sec. 501.25  Provisions for Tribal criminal enforcement authority.

    To the extent that an Indian Tribe is precluded from asserting 
criminal enforcement authority as required under Sec. Sec. 501.1(c)(5) 
and 501.17, the Federal Government will exercise primary criminal 
enforcement responsibility. The Tribe, with the EPA Region, shall 
develop a procedure by which the Tribal agency will refer potential 
criminal violations to the Regional Administrator, as agreed to by the 
parties, in an appropriate and timely manner. This procedure shall 
encompass all circumstances in which the Tribe is incapable of 
exercising the enforcement requirements of Sec. Sec. 501.1(c)(5) and 
501.17. This agreement shall be incorporated into a joint or separate 
Memorandum of Agreement with the EPA Region, as appropriate.

[58 FR 67985, Dec. 22, 1993]