Safe Drinking Water Act
violation and to give the EPA or State an opportunity to enforce compliance, thus making citizen enforcement unnecessary.
A citizen suit may not be commenced if the EPA or the State is already diligently prosecuting a civil action in a court to enforce compliance.
In a citizen suit, the court may grant an injunction and award attorney fees and litigation costs to any prevailing or partially prevailing party whenever the court determines such an award is appropriate. Attorney fees will not be assessed against a citizen unless the court determines the suit is frivolous.
The Safe Drinking Water Act authorizes citizens to enforce compliance with any requirement prescribed by or under the Act. 42 U.S.C. § 300j-8. These requirements may include primary drinking water standards (40 C.F.R. Part 141 and EPA-approved State underground injection control requirements (e.g., Ala. Admin. Code Chap. 335-6-8 and Fla. Admin. Code Chap. 62-528).
Citizens must be adversely affected by the violation and normally must give 60-days notice of the alleged violation to the alleged violator, State and EPA prior to filing suit. 40 C.F.R. Part 135, Subpart B. This notice and delay period are intended to allow the violator an opportunity to correct his