[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR135.1]

[Page 549-550]
 
                   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.




            Subpart A_Prior Notice Under the Clean Water Act

Sec.
135.1 Purpose.
135.2 Service of notice.
135.3 Contents of notice.
135.4 Service of complaint.
135.5 Service of proposed consent judgment.

        Subpart B_Prior Notice Under the Safe Drinking Water Act

135.10 Purpose.
135.11 Service of notice.
135.12 Contents of notice.
135.13 Timing of notice.

    Authority: Subpart A, issued under Sec. 505, Clean Water Act, as 
amended 1987; Sec. 504, Pub. L. 100-4; 101 Stat. 7 (33 U.S.C. 1365). 
Subpart B, issued under Sec. 1449, Safe Drinking Water Act (42 U.S.C. 
300j-8).

    Source: 38 FR 15040, June 7, 1973, unless otherwise noted.



    (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 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

[[Page 550]]

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]