Except as provided in subsection (b) of this section and sectionof this title, any citizen may commence a civil action on his own behalf-
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under sectionof this title.
No action may be commenced-
except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of sectionsand of this title. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation.
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 any prevailing or substantially prevailing party, whenever the court determines such 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.
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 effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).
For purposes of this section, the term "effluent standard or limitation under this chapter" means (1) effective July 1, 1973, an unlawful act under subsection (a) of section effluent limitation or other limitation under section or of this title; (3) standard of performance under section of this title; (4) prohibition, effluent standard or pretreatment standards under section of this title; (5) a standard of performance or requirement under section of this title; (6) a certification under section of this title; (7) a permit or condition of a permit issued under section of this title that is in effect under this chapter (including a requirement applicable by reason of section of this title); or (8) a regulation under section of this title.of this title; (2) an
For the purposes of this section the term "citizen" means a person or persons having an interest which is or may be adversely affected.
A Governor of a State may commence a civil action under subsection (a), without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State.
33 U.S.C. § 1365
June 30, 1948, ch. 758, title V, §505, as added Pub. L. 92-500, §2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 100-4, title III, §314(c), title IV, §406(d)(2), title V, §§504, 505(c), Feb. 4, 1987, 101 Stat. 49, 73, 75, 76; Pub. L. 115-282, title IX, §903(c)(3), Dec. 4, 2018, 132 Stat. 4356.
REFERENCES IN TEXTThe Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
AMENDMENTS 2018-Subsec. (f). Pub. L. 115-282 substituted "(5) a standard of performance or requirement under sectionof this title; (6) a certification under section of this title; (7) a permit or condition of a permit issued under section of this title that is in effect under this chapter (including a requirement applicable by reason of section of this title); or (8) a regulation under section of this title." for "(5) certification under section of this title; (6) a permit or condition thereof issued under section of this title, which is in effect under this chapter (including a requirement applicable by reason of section of this title); or (7) a regulation under section of this title,."1987-Subsec. (a). Pub. L. 100-4, §314(c), inserted "and section of this title" after "subsection (b) of this section" in introductory text.Subsec. (c)(3). Pub. L. 100-4, §504, added par. (3).Subsec. (d). Pub. L. 100-4, §505(c), inserted "prevailing or substantially prevailing" before "party".Subsec. (f). Pub. L. 100-4, §406(d)(2), added cl. (7).
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
- effluent limitation
- The term "effluent limitation" means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.
- The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.