subchapter_subject: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_code: "374"
part_subject: "PRIOR NOTICE OF CITIZEN SUITS"
subpart_code: "A"
subpart_subject: "Introduction"
section_number: "374.4"
section_subject: "Timing of notice."
cfr_reference: "40 CFR 374.4"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 300 to 399"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)Violation of standard, regulation, condition, requirement, or order. No action may be commenced under subsection 310(a)(1) of the Act before sixty (60) days after the plaintiff has served notice of the violation as specified in § 374.2(c). No action may be commenced under subsection 310(a)(1) of the Act if the President or his or her delegatee has commenced and is diligently prosecuting an action under the Act or under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., to require compliance with the CERCLA standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 120 of the Act).
(b)Failure to act. No action may be commenced under subsection 310(a)(2) of the Act before sixty (60) days after the plaintiff has given notice of the failure to act as specified in this part.