42 U.S.C. § 4911 — Citizen suits

Page 6249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4911 1 So in original. Probably should be subsection ‘‘(f)’’. tion prescribed under section 4907(b) of this title (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation. (4) The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under section 4907(b) of this title, prior to sale of the product to the ultimate purchaser. (5) The importation into the United States by any person of any new product in violation of a regulation prescribed under section 4908 of this title which is applicable to such product. (6) The failure or refusal by any person to comply with any requirement of section 4910(d) or 4912(a) of this title or regulations prescribed under section 4912(a), 4916, or 4917 of this title. (b)(1) For the purpose of research, investiga- tions, studies, demonstrations, or training, or for reasons of national security, the Adminis- trator may exempt for a specified period of time any product, or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare. (2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product which is manufactured solely for use outside any State and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any State; except that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any State. (Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.) § 4910. Enforcement (a) Criminal penalties (1) Any person who willfully or knowingly vio- lates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be punished by a fine of not more than $25,000 per day of vio- lation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. (2) Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of section 4909 of this title shall be subject to a civil penalty not to ex- ceed $10,000 per day of such violation. (b) Separate violations For the purpose of this section, each day of violation of any paragraph of section 4909(a) of this title shall constitute a separate violation of that section. (c) Actions to restrain violations The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of section 4909(a) of this title. (d) Orders issued to protect public health and welfare; notice; opportunity for hearing (1) Whenever any person is in violation of sec- tion 4909(a) of this title, the Administrator may issue an order specifying such relief as he deter- mines is necessary to protect the public health and welfare. (2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5. (e) ‘‘Person’’ defined The term ‘‘person,’’ as used in this section, does not include a department, agency, or in- strumentality of the United States. (Pub. L. 92–574, § 11, Oct. 27, 1972, 86 Stat. 1242; Pub. L. 95–609, § 4, Nov. 8, 1978, 92 Stat. 3081.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–609 redesignated existing provisions as par. (1) and added par. (2). § 4911. Citizen suits (a) Authority to commence suits Except as provided in subsection (b), any per- son (other than the United States) may com- mence a civil action on his own behalf— (1) against any person (including (A) the United States, and (B) 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 any noise control requirement (as de- fined in subsection (e) 1), or (2) against— (A) the Administrator of the Environ- mental Protection Agency where there is al- leged a failure of such Administrator to per- form any act or duty under this chapter which is not discretionary with such Admin- istrator, or (B) the Administrator of the Federal Avia- tion Administration where there is alleged a failure of such Administrator to perform any act or duty under section 44715 of title 49 which is not discretionary with such Admin- istrator. The district courts of the United States shall have jurisdiction, without regard to the amount in controversy, to restrain such person from vio- lating such noise control requirement or to order such Administrator to perform such act or duty, as the case may be. (b) Notice No action may be commenced— (1) under subsection (a)(1)— (A) prior to sixty days after the plaintiff has given notice of the violation (i) to the Administrator of the Environmental Protec- tion Agency (and to the Federal Aviation Administrator in the case of a violation of a noise control requirement under such sec- tion 44715 of title 49) and (ii) to any alleged violator of such requirement, or (B) if an Administrator has commenced and is diligently prosecuting a civil action to require compliance with the noise control requirement, but in any such action in a court of the United States any person may intervene as a matter of right, or Page 6250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4912 (2) under subsection (a)(2) prior to sixty days after the plaintiff has given notice to the de- fendant that he will commence such action. Notice under this subsection shall be given in such manner as the Administrator of the Envi- ronmental Protection Agency shall prescribe by regulation. (c) Intervention In an action under this section, the Adminis- trator of the Environmental Protection Agency, if not a party, may intervene as a matter of right. In an action under this section respecting a noise control requirement under section 44715 of title 49, the Administrator of the Federal Aviation Administration, if not a party, may also intervene as a matter of right. (d) Litigation costs The court, in issuing any final order in any ac- tion brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate. (e) Other common law or statutory rights of ac- tion 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 en- forcement of any noise control requirement or to seek any other relief (including relief against an Administrator). (f) ‘‘Noise control requirement’’ defined For purposes of this section, the term ‘‘noise control requirement’’ means paragraph (1), (2), (3), (4), or (5) of section 4909(a) of this title, or a standard, rule, or regulation issued under sec- tion 4916 or 4917 of this title or under section 44715 of title 49. (Pub. L. 92–574, § 12, Oct. 27, 1972, 86 Stat. 1243.) Editorial Notes CODIFICATION In subsecs. (a)(2)(B), (b)(1)(A), (c), and (f), ‘‘section 44715 of title 49’’ substituted for ‘‘section 611 of the Fed- eral Aviation Act of 1958’’ and ‘‘such section 611’’ on au- thority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. § 4912. Records, reports, and information (a) Duties of manufacturers of products Each manufacturer of a product to which reg- ulations under section 4905 or 4907 of this title apply shall— (1) establish and maintain such records, make such reports, provide such information, and make such tests, as the Administrator may reasonably require to enable him to de- termine whether such manufacturer has acted or is acting in compliance with this chapter, (2) upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to such information and the re- sults of such tests and to copy such records, and (3) to the extent required by regulations of the Administrator, make products coming off the assembly line or otherwise in the hands of the manufacturer available for testing by the Administrator. (b) Confidential information; disclosure (1) All information obtained by the Adminis- trator or his representatives pursuant to sub- section (a) of this section, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other Federal officers or em- ployees, in whose possession it shall remain con- fidential, or when relevant to the matter in con- troversy in any proceeding under this chapter. (2) Nothing in this subsection shall authorize the withholding of information by the Adminis- trator, or by any officers or employees under his control, from the duly authorized committees of the Congress. (c) Violations and penalties Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any mon- itoring device or method required to be main- tained under this chapter, shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. (Pub. L. 92–574, § 13, Oct. 27, 1972, 86 Stat. 1244.) § 4913. Quiet communities, research, and public information To promote the development of effective State and local noise control programs, to provide an adequate Federal noise control research pro- gram designed to meet the objectives of this chapter, and to otherwise carry out the policy of this chapter, the Administrator shall, in co- operation with other Federal agencies and through the use of grants, contracts, and direct Federal actions— (a) develop and disseminate information and educational materials to all segments of the public on the public health and other effects of noise and the most effective means for noise control, through the use of materials for school curricula, volunteer organizations, radio and television programs, publication, and other means; (b) conduct or finance research directly or with any public or private organization or any person on the effects, measurement, and con- trol of noise, including but not limited to— (1) investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and the determina- tion of dose/response relationships suitable for use in decisionmaking, with special em- phasis on the nonauditory effects of noise; (2) investigation, development, and dem- onstration of noise control technology for products subject to possible regulation