Page:United States Statutes at Large Volume 100 Part 2.djvu/602

 100 STAT. 1704 42 USC 9659.

Ante, p. 1650.

PUBLIC LAW 99-499—OCT. 17, 1986

"SEC. 310. CITIZENS SUITS.

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"(a) AUTHORITY TO BRING CIVIL ACTIONS.—Except as provided in subsections (d) and (e) of this section and in section 113(h) (relating to timing of judicial review), any person may commence a civil action on his own behalf— "(1) 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) who is alleged to be in violation of any standard, regulation, condition, requirement, or order which has become effective pursuant to this Act (including any provision of an agreement under section 120, relating to Federal facilities); or "(2) against the President or any other officer of the United States (including the Administrator of the Environmental Protection Agency and the Administrator of the ATSDR) where there is alleged a failure of the President or of such other officer to perform any act or duty under this Act, including an act or duty under section 120 (relating to Federal facilities), which is not discretionary with the President or such other officer. Paragraph (2) shall not apply to any act or duty under the provisions of section 311 (relating to research, development, and demonstration). "(b) V E N U E. —

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"(1) ACTIONS UNDER SUBSECTION (axi).—Any action under subsection (a)(1) shall be brought in the district court for the district in which the alleged violation occurred. District of "(2) ACTIONS UNDER SUBSECTION (a)(2).—Any action brought Columbia. under subsection (a)(2) may be brought in the United States District Court for the District of Columbia. "(c) RELIEF.—The district court shall have jurisdiction in actions Courts, U.S. Law brought under subsection (a)(1) to enforce the standard, regulation, enforcement and condition, requirement, or order concerned (including any provision crime. of an agreement under section 120), to order such action as may be necessary to correct the violation, and to impose any civil penalty provided for the violation. The district court shall have jurisdiction in actions brought under subsection (a)(2) to order the President or other officer to perform the act or duty concerned. "(d) RULES APPLICABLE TO SUBSECTION (a)(1) ACTIONS.— "(1) NOTICE.—No action may be commenced under subsection (a)(1) of this section before 60 days after the plaintiff has given notice of the violation to each of the following: "(A) The President. ..f' ' "(B) The State in which the alleged violation occurs. "(C) Any alleged violator of the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 120). Notice under this paragraph shall be given in such manner as President of U.S. Regulations. the President shall prescribe by regulation. "(2) DIUGENT PROSECUTION.—No action may be commenced under paragraph (1) of subsection (a) if the President has commenced and is diligently prosecuting an action under this Act, or under the Solid Waste Disposal Act to require compliance 42 USC 6901 note. with the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 120).

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