(Pub. L. 89–272, title II, § 7002, as added Pub. L. 94–580, § 2,Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95–609, § 7(p),Nov. 8, 1978, 92 Stat. 3083; Pub. L. 98–616, title IV, § 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 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
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.
1984—Subsec. (a). Pub. L. 98–616
, § 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
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
, § 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
, § 401(e), substituted “to the prevailing or substantially prevailing party” for “to any party” and inserted “or section
of this title”.
Subsec. (g). Pub. L. 98–616
, § 401(c), added subsec. (g).
1978—Subsec. (c). Pub. L. 95–609
, § 7(p)(1), substituted “subchapter III of this chapter” for “section 212 of this Act.”
Subsec. (e). Pub. L. 95–609
, § 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section
of this title.