33 U.S.C. § 1365 — Citizen suits

(a) Authorization; jurisdiction. Except as subsection (b) and section 1319(g)(6) provide, any citizen may bring a civil action on the citizen's own behalf—(1) against any person^*, including the United States and any other government instrumentality or agency to the extent the Eleventh Amendment permits, who is alleged to be violating (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State^* concerning such a standard or limitation; or (2) against the Administrator for allegedly failing to perform an act or duty under this chapter that is not discretionary for the Administrator. The district courts have jurisdiction, regardless of the amount in dispute or the parties' citizenship, to enforce the standard, limitation, or order, or to order the Administrator to perform the act or duty, as applicable, and to impose appropriate civil penalties under section 1319(d) of this title. (b) Notice. An action may not be started—(1) under subsection (a)(1)—(A) until 60 days after the plaintiff gives notice of the alleged violation to (i) the Administrator, (ii) the State where the alleged violation occurs, and (iii) every alleged violator of the standard, limitation, or order; or (B) if the Administrator or State has started and is diligently prosecuting a civil or criminal action in a United States or State court to require compliance with the standard, limitation, or order. In a United States-court action, however, any citizen may intervene as a matter of right. (2) An action under subsection (a)(2) may not be started until 60 days after the plaintiff gives the Administrator notice of the action. But an action under this section concerning a violation of sections 1316 and 1317(a) of this title may be brought immediately after that notice. Notice under this subsection must be given in the manner the Administrator prescribes by regulation. (c) Venue; intervention by Administrator; United States interests protected. (1) An action concerning a discharge source's violation of an effluent standard, limitation, or related order may be brought under this section only in the judicial district where the source is located. (2) In such an action, the Administrator may intervene as a matter of right if not already a party. (3) Whenever an action is brought under this section in a United States court, the plaintiff must serve the Attorney General and the Administrator with a copy of the complaint. If the United States is not a party, the court may not enter a consent judgment until 45 days after the Attorney General and Administrator receive a copy of the proposed judgment. (d) Litigation costs. When issuing a final order in an action under this section, the court may award litigation costs, including reasonable attorney and expert-witness fees, to a prevailing or substantially prevailing party whenever the court finds the award appropriate. If a temporary restraining order or preliminary injunction is requested, the court may require a bond or equivalent security under the Federal Rules of Civil Procedure. This section does not define “citizen,“ “effluent standard or limitation,“ “discharge source,“ “consent judgment,“ or “substantially prevailing party.“ (e) Statutory or common-law rights not restricted. Nothing in this section limits a right that any person or class of persons may have under a statute or common law to enforce an effluent standard or limitation or seek any other relief, including relief against the Administrator or a State agency. (f) Effluent standard or limitation. For this section, “effluent standard or limitation under this chapter“ means: (1) effective July 1, 1973, an unlawful act under section 1311(a) of this title; (2) an effluent limitation^* or other limitation under section 1311 or 1312; (3) a performance standard under section 1316; (4) a prohibition, effluent standard, or pretreatment standard under section 1317; (5) a performance standard or requirement under section 1322(p); (6) a certification under section 1341; (7) a permit or permit condition issued under section 1342 that is in effect under this chapter, including a requirement applicable because of section 1323; or (8) a regulation under section 1345(d). (g) “Citizen“ defined. For this section, “citizen“ means a person or persons with an interest that is or may be adversely affected. (h) Civil action by State Governors. A State Governor may bring a civil action under subsection (a) without the limits in subsection (b) against the Administrator when the Administrator allegedly fails to enforce an effluent standard or limitation under this chapter, the violation is occurring in another State, and the violation is causing an adverse effect on public health or welfare in the Governor's State or violating a water-quality requirement there.