780 



(c) Such clerical and technical assistance as may 

 be necessary to discharge the duties of the Board 

 shall be provided from the personnel of the En- 

 vironmental Protection Agency. (June 30, 1948, ch. 

 758, title V, § 503. as added Oct. 18, 1972, Pub. L. 92- 

 500. §2, 86 Stat. 887.) 



§ 1364. Emergency powers. 



Notwithstanding any other provision of this chap- 

 ter, the Administrator upon receipt of evidence that 

 a pollution source or combination of sources is pre- 

 senting an imminent and substantial endangerment 

 to the health of persons or to the welfare of persons 

 where such endangerment is to the livelihood of such 

 persons, such as inability to market shellfish, may 

 bring suit on behalf of the United States in the ap- 

 propriate district court to immediately restrain any 

 person causing or contributing to the alleged pollu- 

 tion to stop the discliarge of pollutants causing or 

 contributing to such pollution or to take such other 

 action as may be necessary. (June 30, 1948, ch. 758, 

 title V, § 504, as added Oct. 18, 1972, Pub. L. 92-500, 

 §2, 86 Stat. 888.) 



§ 1365. Citizen suits. 



(a) Authorization; jurisdiction. 



Except as provided in subsection (b) of this sec- 

 tion, any citizen may commence a civil action on his 

 own behalf — 



(1) against any person (including (i) the United 

 States, and (ii) any otljer governmental instru- 

 mentality or agency to the extent permitted by the 

 eleventh amendment to the Constitution) who is 

 alleged to be in violation of lA) an effluent stand- 

 ard or limitation under this chapter or (B) an 

 order issued by the Administrator or a State with 

 respect to such a standard or limitation, 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. 



The district courts shall have jurisdiction, without 

 regard to the amount in controversy or the citizen- 

 ship of the parties, to enforce such an effluent stand- 

 ard 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 pen- 

 alties under section 1319(d) of this title. 



(b) Notice. 



No action may be commenced — 



(1) under subsection (a) (1) of this section — 



(A) prior to sixty days after the plaintiff has 

 given notice of the alleged violation (i) to the 

 Administrator, (ii) to the State in which the al- 

 leged violation occurs, and (iii) to any alleged 

 violator of the standard, limitation, or order, or 



(B) if the Administrator or State has com- 

 menced and is dOigently prosecuting a civil or 

 criminal action in a court of the United States, 

 or a State to require compliance with the stand- 

 ard, limitation, or order, but in any such action 

 in a court of the United States any citizen may 

 intervene as a matter of right. 



(2) under subsection (a) (2) of this section prior 

 to sixty days after the plaintiff has given notice of 



such action to the Administrator, 

 except that such action may be brought immediately 

 after such notification in the case of an action un- 

 der this section respecting a violation of sections 



1316 and 1317(a) of this title. Notice under this sub- 

 section shall be given in^such manner as the Ad- 

 ministrator shall prescribe by regulation. 



(c) Venue; intervention by Administrator. 



(1) Any action respecting a violation by a dis- 

 charge source of an effluent standard or limitation 

 or an order respecting such standard or limitation 

 may be brought under this section only in the judicial 

 district in which such source is located. 



(2) In such action under this section, the Admin- 

 istrator, if not a'tarty, may intervene as a matter 

 of right. 



(d) Litigation costs. 



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 party, whenever the court de- 

 termines such award is appropriate. The court may, 

 if a temporary restraining order or preliminary in- 

 junction is sought, require the filing of a bond or 

 equivalent security in accordance with the Federal 

 Rules of Civil Procedure. 



(e) Statutory or common law rights not restricted. 



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 enforce- 

 ment of any effluent standard or limitation or to seek 

 any other relief (including relief against the Admin- 

 istrator or a State agency ) . 



(f) Effluent standard or limitation. 



For purposes of this section, the term "eflluent 

 standard or limitation under this chapter" means ( 1 ) 

 effective July 1, 1973. an unlawful act under subsec- 

 tion (a) of section 1311 of this title, (2) an effluent 

 limitation or other limitation under section 1311 or 

 1312 of this title; (3) standard of performance under 

 section 1316 of this title; (4) prohibition, effluent 

 standard or pretreatment standards under section 



1317 of this title; (5) certification under section 1341 

 of this title; or (6) a permit or condition thereof is- 

 sued under section 1342 of this title, which is in effect 

 imder this chapter (including a requirement appli- 

 cable by reason of section 1323 of this title) . 



(g) Citizen. 



For the purposes of this section the term "citizen" 

 means a person or persons having an interest which 

 is or may be adversely affected. 



(h) Civil action by State Governors. 



A Governor of a State may commence a civil action 

 under subsection (a) of this section, 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 viola- 

 tion of which is occurring in another State and is 

 causing an adverse effect on the public health or wel- 

 fare in his State, or is causing a violation of any 

 water quality requirement in his State. (June 30, 

 1948. ch. 758. title V, § 505, as added Oct. 18. 1972, 

 Pub. L. 92-500, § 2, 86 Stat. 888.) 



