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U.S. Code as of:
01/03/05
Section 136w-2. Failure by the State to assure enforcement of State pesticide use regulations
(a) Referral
Upon receipt of any complaint or other information alleging or
indicating a significant violation of the pesticide use provisions
of this subchapter, the Administrator shall refer the matter to the
appropriate State officials for their investigation of the matter
consistent with the requirements of this subchapter. If, within
thirty days, the State has not commenced appropriate enforcement
action, the Administrator may act upon the complaint or information
to the extent authorized under this subchapter.
(b) Notice
Whenever the Administrator determines that a State having primary
enforcement responsibility for pesticide use violations is not
carrying out (or cannot carry out due to the lack of adequate legal
authority) such responsibility, the Administrator shall notify the
State. Such notice shall specify those aspects of the
administration of the State program that are determined to be
inadequate. The State shall have ninety days after receipt of the
notice to correct any deficiencies. If after that time the
Administrator determines that the State program remains inadequate,
the Administrator may rescind, in whole or in part, the State's
primary enforcement responsibility for pesticide use violations.
(c) Construction
Neither section 136w-1 of this title nor this section shall limit
the authority of the Administrator to enforce this subchapter,
where the Administrator determines that emergency conditions exist
that require immediate action on the part of the Administrator and
the State authority is unwilling or unable adequately to respond to
the emergency.
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