Page:United States Statutes at Large Volume 122.djvu/3784

 12 2 STA T .376 1 PUBLIC LA W 11 0– 3 4 2 —O CT. 3 , 200 8‘ ‘ 2.TheCouncil, in con s ul ta tion w ith the Pr o v inces, shall p ro - vi d e by rule procedures f or the resolution of disputes pursuant to this section. ‘ ‘ Section7.3 . E n f o r ce m ent. ‘‘ 1 . A ny Person a g grieved by any action ta k en by the Council pursuant to the authorities contained in this Co m pact shall be entitled to a hearing before the Council. Any Person aggrieved by a Party action shall be entitled to a hearing pursuant to the relevant Party ’ s administrative procedures and laws. After e x haus- tion of such administrative remedies, ( i ) any aggrieved Person shall have the right to j udicial review of a Council action in the U nited S tates D istrict Courts for the District of Columbia or the District Court in which the Council maintains offices, provided such action is commenced within 90 days and, (ii) any aggrieved Person shall have the right to judicial review of a Party’s action in the relevant Party’s court of competent jurisdiction, provided that an action or proceeding for such review is commenced within the time frames provided for by the Party’s law. F or the purposes of this paragraph, a State or Province is deemed to be an aggrieved Person with respect to any Party action pursuant to this Compact. ‘‘2. a. Any Party or the Council may initiate actions to compel compliance with the provisions of this Compact, and the rules and regulations promulgated hereunder by the Council. J urisdiction over such actions is granted to the court of the relevant Party, as well as the United States District Courts for the District of Columbia and the District Court in which the Council maintains offices. The remedies available to any such court shall include, but not be limited to, e q uitable relief and civil penalties. ‘‘b. E ach Party may issue orders within its respective jurisdic- tion and may initiate actions to compel compliance with the provi- sions of its respective statutes and regulations adopted to implement the authorities contemplated by this Compact in accordance with the provisions of the laws adopted in each Party’s jurisdiction. ‘‘ 3 . Any aggrieved Person, Party or the Council may commence a civil action in the relevant Party’s courts and administrative systems to compel any Person to comply with this Compact should any such Person, without approval having been given, undertake a N ew or I ncreased W ithdrawal, Consumptive Use or Diversion that is prohibited or subject to approval pursuant to this Compact. ‘‘a. No action under this subsection may be commenced if

‘‘i. The O riginating Party or Council approval for the New or Increased Withdrawal, Consumptive Use or Diver- sion has been granted; or, ‘‘ii. The Originating Party or Council has found that the New or Increased Withdrawal, Consumptive Use or Diversion is not subject to approval pursuant to this Com- pact. ‘‘b. No action under this subsection may be commenced unless: ‘‘i. A Person commencing such action has first given 6 0 days prior notice to the Originating Party, the Council and Person alleged to be in noncompliance; and, ‘‘ii. Neither the Originating Party nor the Council has commenced and is diligently prosecuting appropriate enforcement actions to compel compliance with this Com- pact. Deadlin e .Not i f i c ation. Deadline s . Pr oced u res.

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