[Code of Federal Regulations]
[Title 40, Volume 17, Parts 199 to 259]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR254.1]

[Page 342]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 254--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
 
Sec. 254.1  Purpose.

    Section 7002 of the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act of 1976, authorizes suit by any 
person to enforce the Act. These suits may be brought where there is 
alleged to be a violation by any person (including (a) the United 
States, and (b) any other governmental instrumentality or agency, to the 
extent permitted by the eleventh amendment to the Constitution) of any 
permit, standard, regulation, condition, requirement, or order which has 
become effective under the Act, or a failure of the Administrator to 
perform any act or duty under the Act, which is not discretionary with 
the Administrator. These actions are to be filed in accordance with the 
rules of the district court in which the action is instituted. The 
purpose of this part is to prescribe procedures governing the notice 
requirements of subsections (b) and (c) of section 7002 as a 
prerequisite to the commencement of such actions.