
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: 42USC300j-8]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                       Part E--General Provisions
 
Sec. 300j-8. Citizen's civil action


(a) Persons subject to civil action; jurisdiction of enforcement 
        proceedings

    Except as provided in subsection (b) of this section, any person may 
commence a civil action on his own behalf--
        (1) against any person (including (A) the United States, and (B) 
    any other governmental instrumentality or agency to the extent 
    permitted by the eleventh amendment to the Constitution) who is 
    alleged to be in violation of any requirement prescribed by or under 
    this subchapter;
        (2) against the Administrator where there is alleged a failure 
    of the Administrator to perform any act or duty under this 
    subchapter which is not discretionary with the Administrator; or
        (3) for the collection of a penalty by the United States 
    Government (and associated costs and interest) against any Federal 
    agency that fails, by the date that is 18 months after the effective 
    date of a final order to pay a penalty assessed by the Administrator 
    under section 300h-8(b) \1\ of this title, to pay the penalty.
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    \1\ So in original. Probably should be section ``300j-6(b)''.

No action may be brought under paragraph (1) against a public water 
system for a violation of a requirement prescribed by or under this 
subchapter which occurred within the 27-month period beginning on the 
first day of the month in which this subchapter is enacted. The United 
States district courts shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, to enforce in 
an action brought under this subsection any requirement prescribed by or 
under this subchapter or to order the Administrator to perform an act or 
duty described in paragraph (2), as the case may be.

(b) Conditions for commencement of civil action; notice

    No civil action may be commenced--
        (1) under subsection (a)(1) of this section respecting violation 
    of a requirement prescribed by or under this subchapter--
            (A) prior to sixty days after the plaintiff has given notice 
        of such violation (i) to the Administrator, (ii) to any alleged 
        violator of such requirement and (iii) to the State in which the 
        violation occurs, or
            (B) if the Administrator, the Attorney General, or the State 
        has commenced and is diligently prosecuting a civil action in a 
        court of the United States to require compliance with such 
        requirement, but in any such action in a court of the United 
        States any person may intervene as a matter of right; or

        (2) under subsection (a)(2) of this section prior to sixty days 
    after the plaintiff has given notice of such action to the 
    Administrator; or
        (3) under subsection (a)(3) of this section prior to 60 days 
    after the plaintiff has given notice of such action to the Attorney 
    General and to the Federal agency.

Notice required by this subsection shall be given in such manner as the 
Administrator shall prescribe by regulation. No person may commence a 
civil action under subsection (a) of this section to require a State to 
prescribe a schedule under section 300g-4 or 300g-5 of this title for a 
variance or exemption, unless such person shows to the satisfaction of 
the court that the State has in a substantial number of cases failed to 
prescribe such schedules.

(c) Intervention of right

    In any action under this section, the Administrator or the Attorney 
General, if not a party, may intervene as a matter of right.

(d) Costs; attorney fees; expert witness fees; filing of bond

    The court, in issuing any final order in any action brought under 
subsection (a) of this section, may award costs of litigation (including 
reasonable attorney and expert witness fees) to any 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.

(e) Availability of other relief

    Nothing in this section shall restrict any right which any person 
(or class of persons) may have under any statute or common law to seek 
enforcement of any requirement prescribed by or under this subchapter or 
to seek any other relief. Nothing in this section or in any other law of 
the United States shall be construed to prohibit, exclude, or restrict 
any State or local government from--
        (1) bringing any action or obtaining any remedy or sanction in 
    any State or local court, or
        (2) bringing any administrative action or obtaining any 
    administrative remedy or sanction,

against any agency of the United States under State or local law to 
enforce any requirement respecting the provision of safe drinking water 
or respecting any underground injection control program. Nothing in this 
section shall be construed to authorize judicial review of regulations 
or orders of the Administrator under this subchapter, except as provided 
in section 300j-7 of this title. For provisions providing for 
application of certain requirements to such agencies in the same manner 
as to nongovernmental entities, see section 300j-6 of this title.

(July 1, 1944, ch. 373, title XIV, Sec. 1449, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1690; amended Pub. L. 95-190, 
Sec. 8(c), Nov. 16, 1977, 91 Stat. 1397; Pub. L. 104-182, title I, 
Sec. 129(b), Aug. 6, 1996, 110 Stat. 1662.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. (d), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.


                               Amendments

    1996--Subsec. (a)(3). Pub. L. 104-182, Sec. 129(b)(1), added par. 
(3).
    Subsec. (b)(3). Pub. L. 104-182, Sec. 129(b)(2), added par. (3).
    1977--Subsec. (e). Pub. L. 95-190 inserted provisions relating to 
suits by State or local governments for enforcement of safe drinking 
water, etc., requirements.

                  Section Referred to in Other Sections

    This section is referred to in section 300h-2 of this title.
