33 U.S.C. § 1365 : US Code - Section 1365: Citizen suits

Search 33 U.S.C. § 1365 : US Code - Section 1365: Citizen suits

    (a) Authorization; jurisdiction
      Except as provided in subsection (b) of this section and section
    1319(g)(6) of this title, any citizen may commence a civil action
    on his own behalf - 
        (1) against any person (including (i) the United States, and
      (ii) any other governmental instrumentality or agency to the
      extent permitted by the eleventh amendment to the Constitution)
      who is alleged to be in violation of (A) an effluent standard or
      limitation under this chapter or (B) an order issued by the
      Administrator or a State with respect to such a standard or
      limitation, or
        (2) against the Administrator where there is alleged a failure
      of the Administrator to perform any act or duty under this
      chapter which is not discretionary with the Administrator.

    The district courts shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties, to enforce
    such an effluent standard or limitation, or such an order, or to
    order the Administrator to perform such act or duty, as the case
    may be, and to apply any appropriate civil penalties under section
    1319(d) of this title.
    (b) Notice
      No action may be commenced - 
        (1) under subsection (a)(1) of this section - 
          (A) prior to sixty days after the plaintiff has given notice
        of the alleged violation (i) to the Administrator, (ii) to the
        State in which the alleged violation occurs, and (iii) to any
        alleged violator of the standard, limitation, or order, or
          (B) if the Administrator or State has commenced and is
        diligently prosecuting a civil or criminal action in a court of
        the United States, or a State to require compliance with the
        standard, limitation, or order, but in any such action in a
        court of the United States any citizen may intervene as a
        matter of right.

        (2) under subsection (a)(2) of this section prior to sixty days
      after the plaintiff has given notice of such action to the
      Administrator,

    except that such action may be brought immediately after such
    notification in the case of an action under this section respecting
    a violation of sections 1316 and 1317(a) of this title. Notice
    under this subsection shall be given in such manner as the
    Administrator shall prescribe by regulation.
    (c) Venue; intervention by Administrator; United States interests
      protected
      (1) Any action respecting a violation by a discharge source of an
    effluent standard or limitation or an order respecting such
    standard or limitation may be brought under this section only in
    the judicial district in which such source is located.
      (2) In such action under this section, the Administrator, if not
    a party, may intervene as a matter of right.
      (3) Protection of interests of united states. - Whenever any
    action is brought under this section in a court of the United
    States, the plaintiff shall serve a copy of the complaint on the
    Attorney General and the Administrator. No consent judgment shall
    be entered in an action in which the United States is not a party
    prior to 45 days following the receipt of a copy of the proposed
    consent judgment by the Attorney General and the Administrator.
    (d) Litigation costs
      The court, in issuing any final order in any action brought
    pursuant to this section, may award costs of litigation (including
    reasonable attorney and expert witness fees) to any prevailing or
    substantially prevailing party, whenever the court determines such
    award is appropriate. The court may, if a temporary restraining
    order or preliminary injunction is sought, require the filing of a
    bond or equivalent security in accordance with the Federal Rules of
    Civil Procedure.
    (e) Statutory or common law rights not restricted
      Nothing in this section shall restrict any right which any person
    (or class of persons) may have under any statute or common law to
    seek enforcement of any effluent standard or limitation or to seek
    any other relief (including relief against the Administrator or a
    State agency).
    (f) Effluent standard or limitation
      For purposes of this section, the term "effluent standard or
    limitation under this chapter" means (1) effective July 1, 1973, an
    unlawful act under subsection (a) of section 1311 of this title;
    (2) an effluent limitation or other limitation under section 1311
    or 1312 of this title; (3) standard of performance under section
    1316 of this title; (4) prohibition, effluent standard or
    pretreatment standards under section 1317 of this title; (5)
    certification under section 1341 of this title; (6) a permit or
    condition thereof issued under section 1342 of this title, which is
    in effect under this chapter (including a requirement applicable by
    reason of section 1323 of this title); or (7) a regulation under
    section 1345(d) of this title,.(!1)

    (g) "Citizen" defined
      For the purposes of this section the term "citizen" means a
    person or persons having an interest which is or may be adversely
    affected.
    (h) Civil action by State Governors
      A Governor of a State may commence a civil action under
    subsection (a) of this section, without regard to the limitations
    of subsection (b) of this section, against the Administrator where
    there is alleged a failure of the Administrator to enforce an
    effluent standard or limitation under this chapter the violation of
    which is occurring in another State and is causing an adverse
    effect on the public health or welfare in his State, or is causing
    a violation of any water quality requirement in his State.