33 U.S.C. § 1364

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1364 - Emergency powers
(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(b) Repealed.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

33 U.S.C. § 1364

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.

EDITORIAL NOTES

AMENDMENTS1980-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 Welfare.

discharge of pollutants
The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
person
The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
pollution
The term "pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.