265 



direction from his employer (or his agent) deliber- 

 ately violates any requirement of this Act. 



"(e) Employment Shifts and Loss. — The Ad- 

 ministrator shall conduct continuing evaluations 

 of potential loss or shifts of employment which 

 may result from the administration or enforce- 

 ment of the provisions of this Act and applicable 

 implementation plans, including, where appro- 

 priate, investigating threatened plant closures or 

 reductions in employment allegedly resulting from 

 such administration or enforcement. Any employee 

 who is discharged, or laid off, threatened with dis- 

 charge or layoff, or otherwise discriminated against 

 by any person because of the alleged results of such 

 administration or enforcement, or any representa- 

 tive of such employee, may request the Administra- 

 tor to conduct a full investigation of the matter. 

 The Administrator shall thereupon investigate the 

 matter and, at the request of any i>arty, shall hold 

 public hearings on not less than five days' notice, 

 and shall at such hearings require the i>arties, in- 

 cluding the employer involved, to present informa- 

 tion relating to the actual or potential effect of 

 such administration or enforcement on employ- 

 ment and on any alleged discharge, layoff, or other 

 discrimination and the detailed reasons or justifi- 

 cation therefor. Any such hearing shall be of record 

 and shall be subject to section 554 of title 5 of the 

 United States Code. Upon receiving the report of 

 such investigation, the Administrator shall make 

 findings of fact as to the effect of such administra- 

 tion or enforcement on employment and on the 

 alleged discharge, layoff, or discrimination and 

 shall make such recommendations as he deems 

 appropriate. Such report, findings, and recommen- 

 dations shall be available to the public. Nothing in 

 this subsection shall be construed to require or 

 authorize the Administrator or any State to modify 

 or withdraw any standard, limitation, or any other 

 requirement of this Act or any applicable imple- 

 mentation plan. 



"citizen suits 



"Sec 7002. (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) against any person (including (a) the 

 United States, and (b) any other governmental 

 instrumentality or agency, to the extent per- 

 mitted by the eleventh amendment to the Con- 

 stituticn) who is alleged to be in violation of any 

 permit, standard, regulation, condition, require- 

 ment, or order which has become effective pursu- 

 ant to this Act; or 



"(2) against the Administrator where there is 

 alleged a failure of the Administrator to perform 

 any act or duty imder this Act which is not dis- 

 cretionary with the Administrator. 

 Any action under paragraph (a) (1) of this subsec- 

 tion shall be brought in the district court for the 

 district in which the alleged violation occurred. 

 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 oc- 

 curred 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 such regula- 

 tion or order, or to order the Administrator to per- 

 form such act or duty as the case may be. 



"(b) Actions Prohibited. — ^No action may be 

 commenced under paragraph <a)(l) of this sec- 

 tion — 



"(1) prior to sixty days after the plaintiff has 

 given notice of the violation (A) to the Adminis- 

 trator; (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 com- 

 menced and is diligently prosecuting a civil or 

 criminal action in a court of the United States 

 or a State to requre compliance with such permit., 

 standard, regulation, condition, requirement, (>r 

 order: Provided, however. That in any such ac- 

 tion in a court of the United States, any person 

 may Intervene as a matter of right. 

 "(c) Notice. — No action may be commenced un- 

 der 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 immedi- 

 ately after such notification in the case of an action 

 under this section respecting a violation of section 

 212 of this Act. Notice under this subsection shall 

 be given in such manner as the Administrator shall 

 prescribe by regulation. Any action respecting a 

 violation under this Act 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 In- 

 tervene as a matter of right. 



"(e) Costs. — ITie court, in Issuing any final or- 

 der in any action brought pursuant to 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 re- 

 straining order or preliminary injunction is sought, 

 requiring 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 stand- 

 ard 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) . 



"imminent hazard 



"Sec 7003. Notwithstanding any other provision 

 of this Act, upon receipt of evidence that the han- 

 dling, storage, treatment, transportation or dls- 



