Page:United States Statutes at Large Volume 70.djvu/561

 70 S T A T. ]

pollution control agency that it take necessary remedial action. The Surgeon General is to allow at least six months for the taking of such action. "(e) If such remedial action is not taken or action reasonably calculated to secure abatement of such pollution is not taken, the Secretary of Health, Education, and Welfare shall call a public hearing, to be held in or near one or more of the places where the discharge or discharges causing or contributing to such pollution originated, before a board of five or more persons appointed by the Secretary. Each State in which any discharge causing or contributing to such pollution originates and each State claiming to be adversely affected by such EoUution shall be given an opportunity to select one member of the oard and at least one member shall be a representative of the Department of Commerce, and not less than a majority of the board shall be gersons other than officers or employees of the Department of Health, Iducation, and Welfare. At least three weeks' prior notice of said hearing shall be given to the State water pollution control agencies and interstate agencies, if any, called to attend the aforesaid hearing and the alleged polluter or polluters. On the basis of the evidence presented at such hearing, the board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the board finds such pollution is occurring and effective progress toward abatement is not being made it shall make recommendations to the Secretary of Health, Education, and Welfare concerning the measures, if any, which it finds to be reasonable and equitable to secure abatement of such pollution. The Secretary shall send such findings and recommendations to the person or persons discharging any matter causing or contributing to such pollution, together with a notice specifying a reasonable time (not less than six months) to secure abatement of such pollution, and shall also send such findings and recommendations and such notice to the State water pollution control agency, and to the interstate agency, if any, of the State or States where such discharge or discharges originate. "(f) If action reasonably calculated to secure abatement of the ollution within the time specified in the notice following the public earing is not taken, the Secretary of Health, Education, and Welfare, with the written consent of the State water pollution control agency (or any officer or employee authorized to give such consent) of the State or States where the matter causing or contributing to the pollution is discharged or at the written request of the State water pollution control agency (or any officer or employee authorized to make such request) of any other State or States where the health or welfare of persons is endangered by such pollution, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution. " (g) 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 recomniendations and shall 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. " (h) As used in this section, the term 'person' includes an individual, corporation, partnership, association. State, municipality, and political sulbdivision of the State.

E

505

PUBLIC LAW 660-JULY 9, 1956

Public hearity^st

S u i t • on behalf of U. S.

"Person".

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