PRIA, Government Policy, Made Personal

Summary

The Administrator can file a federal lawsuit for the United States when there is evidence that a pollution source or group of sources is causing an immediate and serious threat to people’s health, welfare, or livelihood (for example, making shellfish unsellable). A court can be asked right away to order the polluter to stop releasing the pollutants or to take other steps needed to remove the danger.

Title 33, §1364

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Emergency powers

Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as inability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.

(b)Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) which related to emergency assistance, establishment of an emergency fund, and preparation of a contingency plan for such emergencies. 1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–510 effective Dec. 11, 1980, see section 9652 of Title 42, The Public Health and Welfare.

§1364 Emergency Powers