Except as provided in subsections (d) and (e) of this section and in sectionof this title (relating to timing of judicial review), any person may commence a civil action on his own behalf-
Paragraph (2) shall not apply to any act or duty under the provisions of sectionof this title (relating to research, development, and demonstration).
Any action under subsection (a)(1) shall be brought in the district court for the district in which the alleged violation occurred.
Any action brought under subsection (a)(2) may be brought in the United States District Court for the District of Columbia.
The district court shall have jurisdiction in actions brought under subsection (a)(1) to enforce the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under sectionof this title), to order such action as may be necessary to correct the violation, and to impose any civil penalty provided for the violation. The district court shall have jurisdiction in actions brought under subsection (a)(2) to order the President or other officer to perform the act or duty concerned.
No action may be commenced under subsection (a)(1) before 60 days after the plaintiff has given notice of the violation to each of the following:
Notice under this paragraph shall be given in such manner as the President shall prescribe by regulation.
No action may be commenced under paragraph (1) of subsection (a) if the President has commenced and is diligently prosecuting an action under this chapter, or under the Solid Waste Disposal Act [et seq.] to require compliance with the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section of this title).
No action may be commenced under paragraph (2) of subsection (a) before the 60th day following the date on which the plaintiff gives notice to the Administrator or other department, agency, or instrumentality that the plaintiff will commence such action. Notice under this subsection shall be given in such manner as the President 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 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.
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. For other provisions regarding intervention, see sectionof this title.
This chapter does not affect or otherwise impair the rights of any person under Federal, State, or common law, except with respect to the timing of review as provided in sectionof this title or as otherwise provided in section of this title (relating to actions under State law).
The terms used in this section shall have the same meanings as when used in subchapter I.
42 U.S.C. § 9659
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a), (d)(2), and (h), was in the original "this Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables.The Solid Waste Disposal Act, referred to in subsec. (d)(2), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 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. (f), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
- The term "Administrator" means the Administrator of General Services.