[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR374.4]

[Page 506]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 374_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
Sec.  374.4  Timing of notice.

    (a) Violation of standard, regulation, condition, requirement, or 
order. No action may be commenced under subsection 310(a)(1) of the Act 
before sixty (60) days after the plaintiff has served notice of the 
violation as specified in Sec.  374.2(c). No action may be commenced 
under subsection 310(a)(1) of the Act if the President or his or her 
delegatee has commenced and is diligently prosecuting an action under 
the Act or under the Resource Conservation and Recovery Act (RCRA), 42 
U.S.C. 6901 et seq., to require compliance with the CERCLA standard, 
regulation, condition, requirement, or order concerned (including any 
provision of an agreement under section 120 of the Act).
    (b) Failure to act. No action may be commenced under subsection 
310(a)(2) of the Act before sixty (60) days after the plaintiff has 
given notice of the failure to act as specified in this part.