
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: 42USC6972]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 6972. Citizen suits


(a) In general

    Except as provided in subsection (b) or (c) of this section, any 
person may commence a civil action on his own behalf--
        (1)(A) 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 permit, standard, regulation, 
    condition, requirement, prohibition, or order which has become 
    effective pursuant to this chapter; or
        (B) against any person, including the United States and any 
    other governmental instrumentality or agency, to the extent 
    permitted by the eleventh amendment to the Constitution, and 
    including any past or present generator, past or present 
    transporter, or past or present owner or operator of a treatment, 
    storage, or disposal facility, who has contributed or who is 
    contributing to the past or present handling, storage, treatment, 
    transportation, or disposal of any solid or hazardous waste which 
    may present an imminent and substantial endangerment to health or 
    the environment; or
        (2) against the Administrator where there is alleged a failure 
    of the Administrator to perform any act or duty under this chapter 
    which is not discretionary with the Administrator.

Any action under paragraph (a)(1) of this subsection shall be brought in 
the district court for the district in which the alleged violation 
occurred or the alleged endangerment may occur. Any action brought under 
paragraph (a)(2) of this subsection may be brought in the district court 
for the district in which the alleged violation occurred or in the 
District Court of the District of Columbia. The district court shall 
have jurisdiction, without regard to the amount in controversy or the 
citizenship of the parties, to enforce the permit, standard, regulation, 
condition, requirement, prohibition, or order, referred to in paragraph 
(1)(A), to restrain any person who has contributed or who is 
contributing to the past or present handling, storage, treatment, 
transportation, or disposal of any solid or hazardous waste referred to 
in paragraph (1)(B), to order such person to take such other action as 
may be necessary, or both, or to order the Administrator to perform the 
act or duty referred to in paragraph (2), as the case may be, and to 
apply any appropriate civil penalties under section 6928(a) and (g) of 
this title.

(b) Actions prohibited

    (1) No action may be commenced under subsection (a)(1)(A) of this 
section--
        (A) prior to 60 days after the plaintiff has given notice of the 
    violation to--
            (i) the Administrator;
            (ii) the State in which the alleged violation occurs; and
            (iii) to any alleged violator of such permit, standard, 
        regulation, condition, requirement, prohibition, or order,

    except that such action may be brought immediately after such 
    notification in the case of an action under this section respecting 
    a violation of subchapter III of this chapter; or
        (B) if the Administrator or State has commenced and is 
    diligently prosecuting a civil or criminal action in a court of the 
    United States or a State to require compliance with such permit, 
    standard, regulation, condition, requirement, prohibition, or order.

In any action under subsection (a)(1)(A) of this section in a court of 
the United States, any person may intervene as a matter of right.
    (2)(A) No action may be commenced under subsection (a)(1)(B) of this 
section prior to ninety days after the plaintiff has given notice of the 
endangerment to--
        (i) the Administrator;
        (ii) the State in which the alleged endangerment may occur;
        (iii) any person alleged to have contributed or to be 
    contributing to the past or present handling, storage, treatment, 
    transportation, or disposal of any solid or hazardous waste referred 
    to in subsection (a)(1)(B) of this section,

except that such action may be brought immediately after such 
notification in the case of an action under this section respecting a 
violation of subchapter III of this chapter.
    (B) No action may be commenced under subsection (a)(1)(B) of this 
section if the Administrator, in order to restrain or abate acts or 
conditions which may have contributed or are contributing to the 
activities which may present the alleged endangerment--
        (i) has commenced and is diligently prosecuting an action under 
    section 6973 of this title or under section 106 of the Comprehensive 
    Environmental Response, Compensation and Liability Act of 1980 [42 
    U.S.C. 9606],\1\
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    \1\ So in original. The comma probably should be a semicolon.
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        (ii) is actually engaging in a removal action under section 104 
    of the Comprehensive Environmental Response, Compensation and 
    Liability Act of 1980 [42 U.S.C. 9604];
        (iii) has incurred costs to initiate a Remedial Investigation 
    and Feasibility Study under section 104 of the Comprehensive 
    Environmental Response, Compensation and Liability Act of 1980 [42 
    U.S.C. 9604] and is diligently proceeding with a remedial action 
    under that Act [42 U.S.C. 9601 et seq.]; or
        (iv) has obtained a court order (including a consent decree) or 
    issued an administrative order under section 106 of the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    of 980 \2\ [42 U.S.C. 9606] or section 6973 of this title pursuant 
    to which a responsible party is diligently conducting a removal 
    action, Remedial Investigation and Feasibility Study (RIFS), or 
    proceeding with a remedial action.
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    \2\ So in original. Probably should be ``1980''.

In the case of an administrative order referred to in clause (iv), 
actions under subsection (a)(1)(B) of this section are prohibited only 
as to the scope and duration of the administrative order referred to in 
clause (iv).
    (C) No action may be commenced under subsection (a)(1)(B) of this 
section if the State, in order to restrain or abate acts or conditions 
which may have contributed or are contributing to the activities which 
may present the alleged endangerment--
        (i) has commenced and is diligently prosecuting an action under 
    subsection (a)(1)(B) of this section;
        (ii) is actually engaging in a removal action under section 104 
    of the Comprehensive Environmental Response, Compensation and 
    Liability Act of 1980 [42 U.S.C. 9604]; or
        (iii) has incurred costs to initiate a Remedial Investigation 
    and Feasibility Study under section 104 of the Comprehensive 
    Environmental Response, Compensation and Liability Act of 1980 [42 
    U.S.C. 9604] and is diligently proceeding with a remedial action 
    under that Act [42 U.S.C. 9601 et seq.].

    (D) No action may be commenced under subsection (a)(1)(B) of this 
section by any person (other than a State or local government) with 
respect to the siting of a hazardous waste treatment, storage, or a 
disposal facility, nor to restrain or enjoin the issuance of a permit 
for such facility.
    (E) In any action under subsection (a)(1)(B) of this section in a 
court of the United States, any person may intervene as a matter of 
right when the applicant claims an interest relating to the subject of 
the action and he is so situated that the disposition of the action may, 
as a practical matter, impair or impede his ability to protect that 
interest, unless the Administrator or the State shows that the 
applicant's interest is adequately represented by existing parties.
    (F) Whenever any action is brought under subsection (a)(1)(B) of 
this section in a court of the United States, the plaintiff shall serve 
a copy of the complaint on the Attorney General of the United States and 
with the Administrator.

(c) Notice

    No action may be commenced under paragraph (a)(2) of this section 
prior to sixty days after the plaintiff has given notice to the 
Administrator that he will commence such action, except that such action 
may be brought immediately after such notification in the case of an 
action under this section respecting a violation of subchapter III of 
this chapter. Notice under this subsection shall be given in such manner 
as the Administrator shall prescribe by regulation. Any action 
respecting a violation under this chapter may be brought under this 
section only in the judicial district in which such alleged violation 
occurs.

(d) Intervention

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

(e) Costs

    The court, in issuing any final order in any action brought pursuant 
to this section or section 6976 of this title, may award costs of 
litigation (including reasonable attorney and expert witness fees) to 
the prevailing or 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.

(f) Other rights preserved

    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 standard or requirement relating to the management of 
solid waste or hazardous waste, or to seek any other relief (including 
relief against the Administrator or a State agency).

(g) Transporters

    A transporter shall not be deemed to have contributed or to be 
contributing to the handling, storage, treatment, or disposal, referred 
to in subsection (a)(1)(B) of this section taking place after such solid 
waste or hazardous waste has left the possession or control of such 
transporter, if the transportation of such waste was under a sole 
contractual arrangement arising from a published tariff and acceptance 
for carriage by common carrier by rail and such transporter has 
exercised due care in the past or present handling, storage, treatment, 
transportation and disposal of such waste.

(Pub. L. 89-272, title II, Sec. 7002, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95-609, Sec. 7(p), Nov. 8, 
1978, 92 Stat. 3083; Pub. L. 98-616, title IV, Sec. 401, Nov. 8, 1984, 
98 Stat. 3268.)

                       References in Text

    That Act, referred to in subsec. (b)(2)(B)(iii), (C)(iii), means 
Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980, which is classified principally to chapter 103 (Sec. 9601 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 9601 of this title and Tables.
    The Federal Rules of Civil Procedure, referred to in subsec. (e), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-616, Sec. 401(a), (b), designated 
existing provisions of subsec. (a)(1) as subpar. (A) thereof, inserted 
``prohibition,'' after ``requirement,'', added subpar. (B), and in 
provisions following par. (2) inserted ``or the alleged endangerment may 
occur'' in first sentence and substituted ``to enforce the permit, 
standard, regulation, condition, requirement, prohibition, or order, 
referred to in paragraph (1)(A), to restrain any person who has 
contributed or who is contributing to the past or present handling, 
storage, treatment, transportation, or disposal of any solid or 
hazardous waste referred to in paragraph (1)(B), to order such person to 
take such other action as may be necessary, or both, or to order the 
Administrator to perform the act or duty referred to in paragraph (2), 
as the case may be, and to apply any appropriate civil penalties under 
section 6928(a) and (g) of this title'' for ``to enforce such regulation 
or order, or to order the Administrator to perform such act or duty as 
the case may be''.
    Subsec. (b). Pub. L. 98-616, Sec. 401(d), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``No action 
may be commenced under paragraph (a)(1) of this section--
        ``(1) prior to sixty days after the plaintiff has given notice 
    of the violation (A) to the Administrator; (B) to the State in which 
    the alleged violation occurs; and (C) to any alleged violator of 
    such permit, standard, regulation, condition, requirement, or order; 
    or
        ``(2) if the Administrator or State has commenced and is 
    diligently prosecuting a civil or criminal action in a court of the 
    United States or a State to require compliance with such permit, 
    standard, regulation, condition, requirement, or order: Provided, 
    however, That in any such action in a court of the United States, 
    any person may intervene as a matter of right.''
    Subsec. (e). Pub. L. 98-616, Sec. 401(e), substituted ``to the 
prevailing or substantially prevailing party'' for ``to any party'' and 
inserted ``or section 6976 of this title''.
    Subsec. (g). Pub. L. 98-616, Sec. 401(c), added subsec. (g).
    1978--Subsec. (c). Pub. L. 95-609, Sec. 7(p)(1), substituted 
``subchapter III of this chapter'' for ``section 212 of this Act.''
    Subsec. (e). Pub. L. 95-609, Sec. 7(p)(2), substituted ``require'' 
for ``requiring''.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6945 of this title.
