Sec. 4. Citizen suits
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Section 7002(b)(1) of the Solid Waste Disposal Act ( 42 U.S.C. 6972(b)(1) ) is amended— in the matter following subparagraph (A), by striking subtitle C of this Act; or and inserting subtitle C of this Act; ; in subparagraph (B), by striking order. and inserting order; or ; and by adding after subparagraph
(B)the following: in the case of an alleged violation by an agricultural operation— if the Administrator or State is diligently seeking compliance with such permit, standard, regulation, condition, requirement, prohibition, or order in a Federal or State administrative proceeding; if the Administrator or State has, under any other law or regulation— commenced and is diligently prosecuting a civil or criminal action against such agricultural operation in a court of the United States or a State to address the same substance or activity that could otherwise be the subject of an action under subsection (a)(1)(A) of this section; or commenced a Federal or State administrative proceeding against such agricultural operation to address the same substance or activity that could otherwise be the subject of an action under subsection (a)(1)(A) of this section; or if the alleged violation concerns a substance or activity subject to a State plan approved under section 4007 of this Act. .
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U.S. Code