§ 7603. Emergency powers
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/usc/title-42/section-7603A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary.
If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based.
Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.
(July 14, 1955, ch. 360, title III, § 303, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1705; amended Pub. L. 95–95, title III, § 302(a), Aug. 7, 1977, 91 Stat. 770; Pub. L. 101–549, title VII, § 704, Nov. 15, 1990, 104 Stat. 2681.)
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- Public Law 108–336To provide for the implementation of air quality programs developed in accordance with an Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado concerning Air Quality Control on the Southern Ute Indian Reservation, and for other purposes
- Public Law 95–95To amend the Clean Air Act, and for other purposes
- Public Law 101–549To amend the Clean Air Act to provide for attainment and maintenance of health protective national ambient air quality standards, and for other purposes
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- July 14, 1955, ch. 360
- Pub. L. 91–604, § 12(a)
- 84 Stat. 1705
- Pub. L. 95–95, title III, § 302(a)
- 91 Stat. 770
- Pub. L. 101–549, title VII, § 704
- 104 Stat. 2681
- section 1857h–1 of this title
- Pub. L. 91–604
- Pub. L. 101–549, § 704(2)
- Pub. L. 101–549, § 704(1)
- Pub. L. 95–95
- section 406(d) of Pub. L. 95–95
- section 406(a) of Pub. L. 95–95
- section 406(b) of Pub. L. 95–95
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§ 7603
Emergency powers
U.S.C.×8
Fed. Reg.×5
Stat.×3
Stat. Comp.×1
ActJuly 14, 1955, ch. 360
Pub. L.Pub. L. 91–604, § 12(a)
Stat.84 Stat. 1705
Pub. L.Pub. L. 95–95, title III, § 302(a)
Stat.91 Stat. 770
Cites 17 · showing 7Cited by 17 across 4 sources