[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR374.1]

[Page 501-502]
 
                   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.




Sec.
374.1 Purpose.
374.2 Service of notice.
374.3 Contents of notice.
374.4 Timing of notice.
374.5 Copy of complaint.
374.6 Addresses.

    Authority: 42 U.S.C. 9659.

    Source: 57 FR 55040, Nov. 23, 1992, unless otherwise noted.

[[Page 502]]


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