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U.S. Code as of:
01/19/04
Section 6972. Citizen suits
(a) In general
Except as provided in subsection (b) or (c) of this section, any
person may commence a civil action on his own behalf -
(1)(A) against any person (including (a) the United States, and
(b) 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 any permit, standard,
regulation, condition, requirement, prohibition, or order which
has become effective pursuant to this chapter; or
(B) against any person, including the United States and any
other governmental instrumentality or agency, to the extent
permitted by the eleventh amendment to the Constitution, and
including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment,
storage, or disposal facility, who has contributed or who is
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste which
may present an imminent and substantial endangerment to health or
the environment; 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.
Any action under paragraph (a)(1) of this subsection shall be
brought in the district court for the district in which the alleged
violation occurred or the alleged endangerment may occur. Any
action brought under paragraph (a)(2) of this subsection may be
brought in the district court for the district in which the alleged
violation occurred or in the District Court of the District of
Columbia. The district court shall have jurisdiction, without
regard to the amount in controversy or the citizenship of the
parties, to enforce the permit, standard, regulation, condition,
requirement, prohibition, or order, referred to in paragraph
(1)(A), to restrain any person who has contributed or who is
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste
referred to in paragraph (1)(B), to order such person to take such
other action as may be necessary, or both, or to order the
Administrator to perform the act or duty referred to in paragraph
(2), as the case may be, and to apply any appropriate civil
penalties under section 6928(a) and (g) of this title.
(b) Actions prohibited
(1) No action may be commenced under subsection (a)(1)(A) of this
section -
(A) prior to 60 days after the plaintiff has given notice of
the violation to -
(i) the Administrator;
(ii) the State in which the alleged violation occurs; and
(iii) to any alleged violator of such permit, standard,
regulation, condition, requirement, prohibition, or order,
except that such action may be brought immediately after such
notification in the case of an action under this section
respecting a violation of subchapter III of this chapter; 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 such
permit, standard, regulation, condition, requirement,
prohibition, or order.
In any action under subsection (a)(1)(A) of this section in a court
of the United States, any person may intervene as a matter of
right.
(2)(A) No action may be commenced under subsection (a)(1)(B) of
this section prior to ninety days after the plaintiff has given
notice of the endangerment to -
(i) the Administrator;
(ii) the State in which the alleged endangerment may occur;
(iii) any person alleged to have contributed or to be
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste
referred to in subsection (a)(1)(B) of this section,
except that such action may be brought immediately after such
notification in the case of an action under this section respecting
a violation of subchapter III of this chapter.
(B) No action may be commenced under subsection (a)(1)(B) of this
section if the Administrator, in order to restrain or abate acts or
conditions which may have contributed or are contributing to the
activities which may present the alleged endangerment -
(i) has commenced and is diligently prosecuting an action under
section 6973 of this title or under section 106 of the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 [42 U.S.C. 9606],)1(!
(ii) is actually engaging in a removal action under section 104
of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 [42 U.S.C. 9604];
(iii) has incurred costs to initiate a Remedial Investigation
and Feasibility Study under section 104 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
[42 U.S.C. 9604] and is diligently proceeding with a remedial
action under that Act [42 U.S.C. 9601 et seq.]; or
(iv) has obtained a court order (including a consent decree) or
issued an administrative order under section 106 of the
Comprehensive Environmental Response, Compensation and Liability
Act of 980 )2(! [42 U.S.C. 9606] or section 6973 of this title
pursuant to which a responsible party is diligently conducting a
removal action, Remedial Investigation and Feasibility Study
(RIFS), or proceeding with a remedial action.
In the case of an administrative order referred to in clause (iv),
actions under subsection (a)(1)(B) of this section are prohibited
only as to the scope and duration of the administrative order
referred to in clause (iv).
(C) No action may be commenced under subsection (a)(1)(B) of this
section if the State, in order to restrain or abate acts or
conditions which may have contributed or are contributing to the
activities which may present the alleged endangerment -
(i) has commenced and is diligently prosecuting an action under
subsection (a)(1)(B) of this section;
(ii) is actually engaging in a removal action under section 104
of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 [42 U.S.C. 9604]; or
(iii) has incurred costs to initiate a Remedial Investigation
and Feasibility Study under section 104 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
[42 U.S.C. 9604] and is diligently proceeding with a remedial
action under that Act [42 U.S.C. 9601 et seq.].
(D) No action may be commenced under subsection (a)(1)(B) of this
section by any person (other than a State or local government) with
respect to the siting of a hazardous waste treatment, storage, or a
disposal facility, nor to restrain or enjoin the issuance of a
permit for such facility.
(E) In any action under subsection (a)(1)(B) of this section in a
court of the United States, any person may intervene as a matter of
right when the applicant claims an interest relating to the subject
of the action and he is so situated that the disposition of the
action may, as a practical matter, impair or impede his ability to
protect that interest, unless the Administrator or the State shows
that the applicant's interest is adequately represented by existing
parties.
(F) Whenever any action is brought under subsection (a)(1)(B) of
this section in a court of the United States, the plaintiff shall
serve a copy of the complaint on the Attorney General of the United
States and with the Administrator.
(c) Notice
No action may be commenced under paragraph (a)(2) of this section
prior to sixty days after the plaintiff has given notice to the
Administrator that he will commence such action, except that such
action may be brought immediately after such notification in the
case of an action under this section respecting a violation of
subchapter III of this chapter. Notice under this subsection shall
be given in such manner as the Administrator shall prescribe by
regulation. Any action respecting a violation under this chapter
may be brought under this section only in the judicial district in
which such alleged violation occurs.
(d) Intervention
In any action under this section the Administrator, if not a
party, may intervene as a matter of right.
(e) Costs
The court, in issuing any final order in any action brought
pursuant to this section or section 6976 of this title, may award
costs of litigation (including reasonable attorney and expert
witness fees) to the prevailing or substantially prevailing party,
whenever the court determines such an 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.
(f) Other rights preserved
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 standard or requirement relating to the
management of solid waste or hazardous waste, or to seek any other
relief (including relief against the Administrator or a State
agency).
(g) Transporters
A transporter shall not be deemed to have contributed or to be
contributing to the handling, storage, treatment, or disposal,
referred to in subsection (a)(1)(B) of this section taking place
after such solid waste or hazardous waste has left the possession
or control of such transporter, if the transportation of such waste
was under a sole contractual arrangement arising from a published
tariff and acceptance for carriage by common carrier by rail and
such transporter has exercised due care in the past or present
handling, storage, treatment, transportation and disposal of such
waste.
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