§ 1364. — Emergency powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1364]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 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(b) Repealed.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, Sec. 304(a), Dec. 11, 1980, 94
Stat. 2809
(June 30, 1948, ch. 758, title V, Sec. 504, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95-217, Sec. 69,
Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96-510, title III, Sec. 304(a),
Dec. 11, 1980, 94 Stat. 2809.)
Amendments
1980--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).
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.
Section Referred to in Other Sections
This section is referred to in sections 1256, 1318 of this title;
title 42 sections 7412, 9606, 9654.
