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33 U.S.C. § 1364 — Emergency powers

submitted 78 years ago by Pub. L. 92-500 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 123 words · no verdicts yet

in plain englishAI-generated · not legal advice

If pollution creates an imminent and substantial danger to people's health or welfare, the Administrator may sue to make the pollution stop or require other necessary action. Subsection (b) has been repealed.

(a) Emergency powers. Despite any other provision of this chapter, when the Administrator receives evidence that one pollution source or several sources create an imminent and substantial danger to people's health or to their welfare, including their livelihood—for example, an inability to market shellfish—the Administrator may sue on behalf of the United States in the appropriate district court. The suit may seek to immediately restrain any person who causes or contributes to the alleged pollution, requiring that person to stop the pollutant discharge causing or contributing to the pollution or take any other necessary action. This section does not define “pollution source,“ “imminent and substantial endangerment,“ or “welfare.“ (b) Repealed. This subsection was repealed by Pub. L. 96-510, title III, section 304(a), on December 11, 1980 (94 Stat. 2809).

the actual law source: uscode.house.gov ↗public domain
(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(b) Repealed.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

Source credit: (June 30, 1948, ch. 758, title V, § 504, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95–217, § 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809.)

history & why it existsrecord from the source credit
  • 1948Enacted · Pub. L. 92-500 · 86 Stat. 888
  • 1977Amended · Pub. L. 95-217 · 91 Stat. 1607
  • 1980Amended · Pub. L. 96-510 · 94 Stat. 2809

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-500 on 1948-06-30.

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