[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR254.1]



[Page 353]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 254_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents

 

Sec.  254.1  Purpose.









Sec.

254.1 Purpose.

254.2 Service of notice.

254.3 Contents of notice.



    Authority: Sec. 7002, Pub. L. 94-580, 90 Stat. 2825 (42 U.S.C. 

6972).



    Source: 42 FR 56114, Oct. 21, 1977, unless otherwise noted.





    Section 7002 of the Solid Waste Disposal Act, as amended by the 

Resource Conservation and Recovery Act of 1976, authorizes suit by any 

person to enforce the Act. These suits may be brought where there is 

alleged to be a violation by any person (including (a) the United 

States, and (b) any other governmental instrumentality or agency, to the 

extent permitted by the eleventh amendment to the Constitution) of any 

permit, standard, regulation, condition, requirement, or order which has 

become effective under the Act, or a failure of the Administrator to 

perform any act or duty under the Act, which is not discretionary with 

the Administrator. These actions 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 (b) and (c) of section 7002 as a 

prerequisite to the commencement of such actions.