[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR374.1]

[Page 488-489]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 374--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
Sec. 374.1  Purpose.

    Section 310 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), as amended by the Superfund 
Amendments and

[[Page 489]]

Reauthorization Act of 1986 (SARA), authorizes civil actions by any 
person to enforce the Act. These civil actions may be brought against 
any person (including the United States, and any other governmental 
instrumentality or agency, to the extent permitted by the Eleventh 
Amendment to the Constitution), that is alleged to become effective 
pursuant to the Act (including any provision of an agreement under 
section 120 of the Act, relating to Federal facilities); and against the 
President or any other officer of the United States (including the 
Administrator of the Environmental Protection Agency and the 
Administrator of the Agency for Toxic Substances and Disease Registry) 
where there is alleged a failure to perform any act or duty under this 
Act, which is not discretionary with the President or such other 
officer, including an act or duty under section 120 of the Act (relating 
to Federal facilities), but not including any act or duty under section 
311 of the Act (relating to research, development, and demonstration). 
These civil actions under section 310 of the Act are to be filed in 
accordance with the rules of the district court in which the action is 
instituted. The purpose of this part is to prescribe procedures 
governing the notice requirements of subsections (d) and (e) of section 
310 of the Act as a prerequisite to the commencement of such actions.