Page:United States Statutes at Large Volume 100 Part 2.djvu/654

 100 STAT. 1756 Public information. State and local governments.

PUBLIC LAW 99-499—OCT. 17, 1986

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(C) The Administrator, a State Governor, or a State emergency response commission, for failure to provide a mechanism for public availability of information in accordance with section 324(a). (D) A State Governor or a State emergency response commission for failure to respond to a request for tier II information under section 312(e)(3) within 120 days after the date of receipt of the request. (2) STATE OR LOCAL SUITS.—

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(A) Any State or local government may commence a civil action against an owner or operator of a facility for failure to do any of the following: (i) Provide notification to the emergency response commission in the State under section 302(c). (ii) Submit a material safety data sheet or a list under section 311(a). (iii) Make available information requested under section 311(c). (iv) Complete and submit an inventory form under section 312(a) containing tier I information unless such requirement does not apply by reason of the second sentence of section 312(a)(2).. (B) Any State emergency response commission or local emergency planning committee may commence a civil action against an owner or operator of a facility for failure to provide information under section 303(d) or for failure to submit tier II information under section 312(e)(1). (C) Any State may commence a civil action against the Administrator for failure to provide information to the State under section 322(g). j,; >:/••.? - i

(b) VENUE.—

District of Columbia.

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(1) Any action under subsection (a) against an owner or the district in which the alleged violation occurred. -Hi (2) Any action under subsection (a) against the Administrator may be brought in the United States District Court for the District of Columbia. (c) REUEF.—The district court shall have jurisdiction in actions brought under subsection (a) against an owner or operator of a facility to enforce the requirement concerned and to impose any civil penalty provided for violation of that requirement. The district court shall have jurisdiction in actions brought under subsection (a) against the Administrator to order the Administrator to perform the act or duty concerned. (d) NOTICE.—
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(1) No action may be commenced under subsection (a)(1)(A) prior to 60 days after the plaintiff has given notice of the alleged violation to the Administrator, the State in which the alleged violation occurs, and the alleged violator. Notice under this paragraph shall be given in such manner as the Administrator shall prescribe by regulation. (2) No action may be commenced under subsection (a)(l)(B) or (a)(1)(C) prior to 60 days after the date on which the plaintiff gives notice to the Administrator, State Governor, or State emergency response commission (as the case may be) that the plaintiff will commence the action. Notice under this paragraph

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