42 U.S.C. § 7428

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 7428 - State boards

(a)¹ Not later than the date one year after August 7, 1977, each applicable implementation plan shall contain requirements that-

(1) any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and

(2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.

A State may adopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administrator shall approve any such more stringent requirements submitted as part of an implementation plan.

¹ So in original. Section enacted without a subsec. (b).

42 U.S.C. § 7428

July 14, 1955, ch. 360, title I, §128, as added Pub. L. 95-95, title I, §125, Aug. 7, 1977, 91 Stat. 725.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95-95 set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Administrator

The term "Administrator" means the Administrator of the Environmental Protection Agency.

State

The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.