[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR135.1]

[Page 491-492]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 135--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
            Subpart A--Prior Notice Under the Clean Water Act
 
Sec. 135.1  Purpose.


    (a) Section 505(a)(1) of the Clean Water Act (hereinafter the Act) 
authorizes any person or persons having an interest which is or may be 
adversely affected to commence a civil action on his own behalf to 
enforce the Act or to enforce certain requirements promulgated pursuant 
to the Act. In addition, section 505(c)(3) of the Act

[[Page 492]]

provides that, for purposes of protecting the interests of the United 
States, whenever a citizen enforcement action is brought under section 
505(a)(1) of the Act in a court of the United States, the Plaintiff 
shall serve a copy of the complaint on the Attorney General and the 
Administrator. Section 505(c)(3) also provides that no consent judgment 
shall be entered in any citizen action in which the United States is not 
a party prior to 45 days following the receipt of a copy of the proposed 
consent judgment by the Attorney General and the Administrator.
    (b) The purpose of this subpart is to prescribe procedures governing 
the giving of notice required by section 505(b) of the Act as a 
prerequisite to the commencing of such actions, and governing the 
service of complaints and proposed consent judgments as required by 
section 505(c)(3) of the Act.

[56 FR 11515, Mar. 19, 1991]