- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER V - GENERAL PROVISIONS
Sec. 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.
Footnotes
[1] So in original.