
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11046]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 11046. Civil actions


(a) Authority to bring civil actions

                          (1) Citizen suits

        Except as provided in subsection (e) of this section, any person 
    may commence a civil action on his own behalf against the following:
            (A) An owner or operator of a facility for failure to do any 
        of the following:
                (i) Submit a followup emergency notice under section 
            11004(c) of this title.
                (ii) Submit a material safety data sheet or a list under 
            section 11021(a) of this title.
                (iii) Complete and submit an inventory form under 
            section 11022(a) of this title containing tier I information 
            as described in section 11022(d)(1) of this title unless 
            such requirement does not apply by reason of the second 
            sentence of section 11022(a)(2) of this title.
                (iv) Complete and submit a toxic chemical release form 
            under section 11023(a) of this title.

            (B) The Administrator for failure to do any of the 
        following:
                (i) Publish inventory forms under section 11022(g) of 
            this title.
                (ii) Respond to a petition to add or delete a chemical 
            under section 11023(e)(1) of this title within 180 days 
            after receipt of the petition.
                (iii) Publish a toxic chemical release form under 
            11023(g) \1\ of this title.
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    \1\ So in original. Probably should be preceded by ``section''.
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                (iv) Establish a computer database in accordance with 
            section 11023(j) of this title.
                (v) Promulgate trade secret regulations under section 
            11042(c) of this title.
                (vi) Render a decision in response to a petition under 
            section 11042(d) of this title within 9 months after receipt 
            of the petition.

            (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 11044(a) of this title.
            (D) A State Governor or a State emergency response 
        commission for failure to respond to a request for tier II 
        information under section 11022(e)(3) of this title within 120 
        days after the date of receipt of the request.

                      (2) State or local suits

        (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 11002(c) of this title.
            (ii) Submit a material safety data sheet or a list under 
        section 11021(a) of this title.
            (iii) Make available information requested under section 
        11021(c) of this title.
            (iv) Complete and submit an inventory form under section 
        11022(a) of this title containing tier I information unless such 
        requirement does not apply by reason of the second sentence of 
        section 11022(a)(2) of this title.

        (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 11003(d) of this title or for failure to submit tier II 
    information under section 11022(e)(1) of this title.
        (C) Any State may commence a civil action against the 
    Administrator for failure to provide information to the State under 
    section 11042(g) of this title.

(b) Venue

    (1) Any action under subsection (a) of this section against an owner 
or operator of a facility shall be brought in the district court for the 
district in which the alleged violation occurred.
    (2) Any action under subsection (a) of this section against the 
Administrator may be brought in the United States District Court for the 
District of Columbia.

(c) Relief

    The district court shall have jurisdiction in actions brought under 
subsection (a) of this section 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) of this 
section against the Administrator to order the Administrator to perform 
the act or duty concerned.

(d) Notice

    (1) No action may be commenced under subsection (a)(1)(A) of this 
section 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)(1)(B) or 
(a)(1)(C) of this section 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 shall be given in 
such manner as the Administrator shall prescribe by regulation.

(e) Limitation

    No action may be commenced under subsection (a) of this section 
against an owner or operator of a facility if the Administrator has 
commenced and is diligently pursuing an administrative order or civil 
action to enforce the requirement concerned or to impose a civil penalty 
under this Act with respect to the violation of the requirement.

(f) Costs

    The court, in issuing any final order in any action brought pursuant 
to this section, may award costs of litigation (including reasonable 
attorney and expert witness fees) to the prevailing or the substantially 
prevailing party whenever the court determines such an award is 
appropriate. The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.

(g) Other rights

    Nothing in this section shall restrict or expand any right which any 
person (or class of persons) may have under any Federal or State statute 
or common law to seek enforcement of any requirement or to seek any 
other relief (including relief against the Administrator or a State 
agency).

(h) Intervention

                      (1) By the United States

        In any action under this section the United States or the State, 
    or both, if not a party, may intervene as a matter of right.

                           (2) By persons

        In any action under this section, any person may intervene as a 
    matter of right when such person has a direct interest which is or 
    may be adversely affected by the action and the disposition of the 
    action may, as a practical matter, impair or impede the person's 
    ability to protect that interest unless the Administrator or the 
    State shows that the person's interest is adequately represented by 
    existing parties in the action.

(Pub. L. 99-499, title III, Sec. 326, Oct. 17, 1986, 100 Stat. 1755.)

                       References in Text

    This Act, referred to in subsec. (e), is Pub. L. 99-499, Oct. 17, 
1986, 100 Stat. 1613, as amended, known as the Superfund Amendments and 
Reauthorization Act of 1986. For complete classification of this Act to 
the Code, see Short Title of 1986 Amendment note set out under section 
9601 of this title and Tables.
    The Federal Rules of Civil Procedure, referred to in subsec. (f), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 13106 of this title.
