§300j–8 Citizen’s Civil Action

Summary

Allows any person to sue to make sure the rules under this law are followed. A person can sue someone alleged to be breaking the rules, the Administrator if the Administrator fails to do a non-discretionary duty, or seek collection of a penalty from a federal agency that does not pay a penalty within 18 months after the effective date of a final order under section 300h–8(b). You cannot sue a public water system for a violation that happened during the 27-month period starting the month this subchapter became law. Federal district courts can hear these cases. Before suing, the person must usually give 60 days’ written notice to the Administrator, the alleged violator, and the State (or to the Administrator alone for claims about the Administrator, or to the Attorney General and the federal agency for penalty-collection claims). If the Administrator, the Attorney General, or the State is already suing in federal court and is diligently prosecuting the case, a new suit cannot proceed, though anyone may intervene in that government suit. The Administrator or the Attorney General may also join any private suit as of right. Courts may award litigation costs, including reasonable attorney and expert fees, and may require a bond for emergency orders. This right to sue does not replace other legal remedies. States and local governments may still use state or local courts or administrative processes against federal agencies to enforce drinking water or underground injection rules. Judicial review of Administrator rules is only as allowed in section 300j–7. You cannot force a State to set variance or exemption schedules unless you show the State has failed to do so in a substantial number of cases.