Page:United States Statutes at Large Volume 62 Part 1.djvu/1187

 62 STAT.] 80T CONG., 2D SESS.-CH. 758-JUNE 30, 1948 or of the water pollution agency or interstate agency of the State or States where such discharge or discharges originate (except that at least one of the members of the board shall be a representative of the water pollution agency of the State or States where such discharge or discharges originate and at least one shall be a representative of the Department of Commerce, and not less than a majority of the board shall be persons other than officers or employees of the Federal Security Agency). On the basis of the evidence presented at such hearing the board shall make its recommendations to the Federal Security Admin- istrator concerning the measures, if any, which it finds to be reason- able and equitable to secure abatement of such pollution. (4) After affording the person or persons discharging the matter causing or contributing to the pollution reasonable opportunity to comply with the recommendations of the board, the Federal Security Administrator may, with the consent of the water pollution agency (or of any officer or agency authorized to give such consent) of the State or States in which the matter causing or contributing to the pollution is discharged, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution. (5) Before or after any suit authorized by paragraph (4) is com- menced, any person who is alleged to be discharging matter contribut- ing to the pollution, abatement of which is sought, may, with the consent of the water pollution agency (or of any officer or agency authorized to give such consent) of the State in which such matter is discharged, be joined as a defendant. The court shall have power to enforce its judgment against any such defendant. (6) In any suit brought pursuant to paragraph (4) in which two or more persons in different judicial districts are originally joined as defendants, the suit may be commenced in the judicial district in which any discharge caused by any of the defendants occurs. (7) The court shall receive in evidence in any such suit a transcript of the proceedings before the board and a copy of the board's recom- mendation; and may receive such further evidence as the court in its discretion deems proper. The court, giving due consideration to the practicability and to the physical and economic feasibility of securing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require. The jurisdiction of the Surgeon General, or any other agency which has jurisdiction pur- suant to the provisions of this Act, shall not extend to any region or areas nor shall it affect the rights or jurisdiction of any public body where there are in effect provisions for sewage disposal pursuant to agreement between the United States of America and any such public body by stipulation entered in the Supreme Court of the United States While any such stipulation or modification thereof is in force and effect, no proceedings of any kind may be maintained by virtue of this Act against such public body or any public agency, corporation, or individual within its jurisdiction. Neither this provision nor any pro- vision of this Act shall be construed to give to the Surgeon General or any other person or agency the right to intervene in the said pro- ceedings wherein such stipulation was entered. (8) As used in this subsection the term "person" includes an indi- vidual, corporation, partnership, association, a State, municipality, and a political subdivision of a State. SEC. 3. The Surgeon General may, upon request of any State water- pollution agency or interstate agency, conduct investigations and research and make surveys concerning any specific problem of water pollution confronting any State, interstate agency, community, munic- ipality, or industrial plant, with a view to recommending a solution of such problem. 1157 Suit by U. S. for abatement. Defendant. Judicial district of case. Jurisdictionofeourt. Jurisdiction of Sur- geon Oeneral, etc. "Person." Investigations, etc., on specific problems.

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