863 



reasonable grounds for the faUure to adduce such 

 evidence in the proceeding before the Administra- 

 tor, the court may order such additional evidence 

 (and evidence in rebuttal thereof i to be taken be- 

 fore the Administrator, in such manner and upon 

 such term and conditions as the court may deem 

 proper. Tlie Administrator may modify his find- 

 ings as to the facts, or make new findings, by 

 reason of the additional evidence so taken, and he 

 shall file such modified or new findings, and his 

 recommendation, if any, for the modification or 

 setting aside of his original determination, with 

 the return of such additional evidence. July 1, 1944, 

 eh. 373, title Xrv, S 1448, as added Dec. 16, 1974, 

 Pub. L .93-523, § 2(a) , 88 Stat. 1689.) 



§300j-S. Citizen's civil actions. 



(a) Persons subject to civil actions; jurisdiction of en- 

 forcement proceedings. 



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

 tion, any person may commence a civil action on his 

 own behalf — 



(1) against any person (including (A) the Unit- 

 ed States, and (B) any other governmental in- 

 strumentality or agency to the extent permitted 

 by the eleventh amendment to the Constitution) 

 who is alleged to be in violation of any require- 

 ment prescribed by or under this subchapter, or 



(2) against the Administrator where there is 

 alleged a failure of the Administrator to perform 

 any act or duty under this subchapter which is 

 not discretionaiT with the Administrator. 



No action may be brought under paragraph (1) 

 against a public water system for a violation of a 

 requirement prescribed by or under this subchapter 

 which occurred within the 27-month period begin- 

 ning on the first day of the month in which this 

 subchapter is enacted. The United States district 

 courts shall have jurisdiction, without regard to the 

 amount in controversy or the citizenship of the par- 

 ties, to enforce in an action brought under this sub- 

 section any requirement prescribed by or under tliis 

 subchapter or to order the Administrator to perform 

 an act or duty described in paragraph (2), as the 

 case may be. 



(b) Conditions for commencement of civil action; 

 notice. 



No civil action may be commenced — 



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

 respecting violation of a requirement prescribed 

 by or under this subchapter — 



(A) prior to sixty days after the plaintiff has 

 given notice of such violation d) to the Admin- 

 istrator, (ii) to any alleged violator of such re- 

 quirement and (iii) to the State in which the 

 violation occurs, or 



(B) if the Administrator, the Attorney Gen- 

 eral, or the State has commenced and is dili- 

 gently prosecuting a civil action in a court of 

 the United States to require comphance with 

 such requirement, but in any such action in a 

 court of the United States any person may in- 

 tervene as a matter of right; or 



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



to sixty days after the plaintiff has given notice 



of such action to the Administrator. 

 Notice required by this subsection shall be given 

 in such manner as the Administrator shall prescribe 

 by regulation. No person may commence a civil ac- 

 tion under subsection (a) of this section to require 

 a State to prescribe a schedule under section 300g-4 

 or 300g-5 of this title for a variance or exemption, 

 unless such person shows to the satisfaction of the 

 court that the State has in a substantial number of 

 cases failed to prescribe such schedules. 



(c) Intervention »f right. 



In any action tinder this section, the Administra- 

 tor or the Attorney General, if not a party, may in- 

 tervene as a matter of right. 



(d) Costs; attorney fees; expert witness fees; filing 

 of bond. 



The court, in issuing any final order in any actioii, 

 brought mider subsection (a) of this section, may 

 award costs of litigation (including reasonable at- 

 torney and expert witness fees ) to any party when- 

 ever the court determines such an award is appro- 

 priate. The court may, if a temporary restraining 

 order or preliminary injunction is sought, require 

 the filing of a bond or equivalent security in accord- 

 ance with the Federal Rules of Civil Procedure. 



(e) Statutory or common law or other relief available. 



■ 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 requirement prescribed by or under this 

 subchapter or to seek any other relief. (July 1, 1944, 

 ch. 373, title XTV, § 1449. as added Dec. 16, 1974. 

 Pub. L. 93-523, § 2(a), 88 Stat. 1690.) 



§ 300J-9. General provisions. 



(a) Regulations; delegation of functions. 



(1) The Administrator is authorized to prescribe 

 such regulations as are necessary or appropriate to 

 carry out his functions under this subchapter. 



(2) The Administrator may delegate any of his 

 functions under this subchapter (other than pre- 

 scribing regulations) to any officer or employee of 

 the Agency. 



(b) Utilization of officers and employees of Federal 

 agencies. 



The Administrator, with the consent of the head 

 of any other agency of the United States, may utilize 

 such officers and employees of such agency as he 

 deems necessary to assist him in carrying out the 

 purposes of tliis subchapter. 



(c) Assignment of Agency personnel to State or inter- 

 state agencies. 



Upon the request of a State or interstate agency, 

 the Administrator may assign personnel of the 

 Agency to such State or interstate agency for the 

 purposes of carrying out the provisions of this sub- 

 chapter. 



(d) Payments of grants: adiustments; advances; re- 

 imbursement: installments; conditions; eligibility 

 for grants; '•nonprofit agency or institution 

 defined. 



