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33 U.S.C. § 1365 — Citizen suits
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization; jurisdiction** Except as provided in subsection (b) of this section and [section 1319(g)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/g/6&num=0&edition=prelim), any citizen may commence a civil action on his own behalf—
(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under [section 1319(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/d&num=0&edition=prelim).
**(b) Notice** No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United Sta
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Source file: Laws/federal/codes/united-states-code/title-33/section-1365-citizen-suits--809ba0553a.md
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Source location: Title 33, Chapter 26, § 1365; chapter-026-water-pollution-prevention-and-control.md
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**(a) Authorization; jurisdiction** Except as provided in subsection (b) of this section and [section 1319(g)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/g/6&num=0&edition=prelim), any citizen may commence a civil action on his own behalf—
(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under [section 1319(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/d&num=0&edition=prelim).
**(b) Notice** No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any citizen may intervene as a matter of right.
(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator,
except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of sections 1316 and 1317(a) of this title. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation.
**(c) Venue; intervention by Administrator; United States interests protected**
(1) Any action respecting a violation by a discharge source of an effluent standard or limitation or an order respecting such standard or limitation may be brought under this section only in the judicial district in which such source is located.
(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of right.
(3) **Protection of interests of united states.—** — Whenever any action is brought under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.
**(d) Litigation costs** The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
**(e) Statutory or common law rights not restricted** Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).
**(f) Effluent standard or limitation** For purposes of this section, the term “effluent standard or limitation under this chapter” means (1) effective July 1, 1973, an unlawful act under subsection (a) of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311&num=0&edition=prelim); (2) an effluent limitation or other limitation under section 1311 or 1312 of this title; (3) standard of performance under [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1316&num=0&edition=prelim); (4) prohibition, effluent standard or pretreatment standards under [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1317&num=0&edition=prelim); (5) a standard of performance or requirement under [section 1322(p) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322/p&num=0&edition=prelim); (6) a certification under [section 1341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1341&num=0&edition=prelim); (7) a permit or condition of a permit issued under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim) that is in effect under this chapter (including a requirement applicable by reason of [section 1323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1323&num=0&edition=prelim)); or (8) a regulation under [section 1345(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1345/d&num=0&edition=prelim).
**(g) “Citizen” defined** For the purposes of this section the term “citizen” means a person or persons having an interest which is or may be adversely affected.
**(h) Civil action by State Governors** A Governor of a State may commence a civil action under subsection (a), without regard to the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an effluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is causing a violation of any water quality requirement in his State.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1) The term “standard of performance” means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.
(2) The term “new source” means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in accordance with this section.
(3) The term “source” means any building, structure, facility, or installation from which there is or may be the discharge of pollutants.
(4) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a source.
(5) The term “construction” means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.
**(b) Categories of sources; Federal standards of performance for new sources**
(1)
(A) The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter shall revise) a list of categories of sources, which shall, at the minimum, include:pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing; grain mills; canned and preserved fruits and vegetables processing; canned and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with pollution control requirements by Federal entities** Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants, and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process and sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Nothing in this section shall be construed to prevent any department, agency, or instrumentality of the Federal Government, or any officer, agent, or employee thereof in the performance of his official duties, from removing to the appropriate Federal district court any proceeding to which the department, agency, or instrumentality or officer, agent, or employee thereof is subject pursuant to this section, and any such proceeding may be removed in accordance with section 14
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Illegality of pollutant discharges except in compliance with law** Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful.
**(b) Timetable for achievement of objectives** In order to carry out the objective of this chapter there shall be achieved—
(1)
(A) not later than July 1, 1977, effluent limitations for point sources, other than publicly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as defined by the Administrator pursuant to [section 1314(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/b&num=0&edition=prelim), or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, which shall require compliance with any applicable pretreatment requirements and any requirements under [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1317&num=0&edition=prelim); and
(B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to [section 1283 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1283&num=0&edition=prelim) prior to June 30, 1974 (for which construction must be completed within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to [section 1314(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1314/d/1&num=0&edition=prelim); or,
(C) not later than July 1, 1977, any more stringent limitation, in
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with applicable requirements; application; procedures; license suspension**
(1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy [section 1371(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1371/c&num=0&edition=prelim). Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permits for discharge of pollutants**
(1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter.
(2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.
(3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section.
(4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Toxic pollutant list; revision; hearing; promulgation of standards; effective date; consultation**
(1) On and after December 27, 1977, the list of toxic pollutants or combination of pollutants subject to this chapter shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after December 27, 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, including the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such organisms. A determination of the Administrator under this paragraph shall be final except that if, on judicial review, such determination was based on arbitrary and capricious action of the Administrator, the Administrator shall make a redetermination.
(2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable category or class of point sources established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establish
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State enforcement; compliance orders**
(1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in a permit issued by a State under an approved permit program under section 1342 or 1344 of this title he shall proceed under his authority in paragraph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. If beyond the thirtieth day after the Administrator’s notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accordance with subsection (b) of this section.
(2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to result from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such conditions and limitations (hereafter referred to in this section as the period of “federally assumed enforcement”), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any person—
(A) by issuing
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State assessment reports**
(1) **Contents** — The Governor of each State shall, after notice and opportunity for public comment, prepare and submit to the Administrator for approval, a report which—
(A) identifies those navigable waters within the State which, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain applicable water quality standards or the goals and requirements of this chapter;
(B) identifies those categories and subcategories of nonpoint sources or, where appropriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under subparagraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and requirements;
(C) describes the process, including intergovernmental coordination and public participation, for identifying best management practices and measures to control each category and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such category, subcategory, or source; and
(D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navigable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i).
(2) **Information used in preparation** — In developing the report required by this section, the State (A) may rely upon information developed pursuant to sections 1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and other information as a
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Federal law — U.S. Code and appendices · legal_authorities
Page 586
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1365
Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94
Stat. 2809.)
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 AMENDMENT
Amendment by Pub. L. 96–510 effective Dec. 11, 1980,
see section 9652 of Title 42, The Public Health and Wel-
fare.
§ 1365. Citizen suits
(a) Authorization; jurisdiction
Except as provided in subsection (b) of this
section and section 1319(g)(6) of this title, any
citizen may commence a civil action on his own
behalf—
(1) against any person (including (i) the
United States, and (ii) any other govern-
mental instrumentality or agency to the ex-
tent permitted by the eleventh amendment to
the Constitution) who is alleged to be in viola-
tion of (A) an effluent standard or limitation
under this chapter or (B) an order issued by
the Administrator or a State with respect to
such a standard or limitation, or
(2) against the Administrator where there is
alleged a failure of the Administrator to per-
form any act or duty under this chapter which
is not discretionary with the Administrator.
The district courts shall have jurisdiction, with-
out regard to the amount in controversy or the
citizenship of the parties, to enforce such an ef-
fluent standard or limitation, or such an order,
or to order the Administrator to perform such
act or duty, as the case may be, and to apply
any appropriate civil penalties under section
1319(d) of this title.
(b) Notic
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