on a one-time, periodic, or continuous basis, such informa-
tion as the appropriate Federal official may reasonably re-
quire for the purpose of— 
(1) making any permitting or other regulatory 
determination, issuing any order, or developing any 
regulation under this Act; 
(2) determining whether any person is in viola-
tion of this Act or of any regulation or order issued 
under this Act; or 
(3) carrying out any other provision of this Act. 
SEC. 11. CITIZEN SUITS. 
(a) IN GENERAL.—Any person may commence a civil 
action in a Federal district court of appropriate jurisdic-
tion on such person’s own behalf to compel compliance 
with this Act, or any regulation or order issued under this 
Act, against any person, including the United States, and 
any other government instrumentality or agency (to the 
extent permitted by the eleventh amendment to the Con-
stitution) for any alleged violation of any provision of this 
Act or any regulation or order issued under this Act. 
(b) NOTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no action may be commenced under sub-
section (a)— 
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(A) prior to 60 days after the plaintiff has 
given notice of the alleged violation, in writing 
under oath, to the appropriate Federal official, 
to the State in which the violation allegedly oc-
curred or is occurring, and to any alleged viola-
tor; or 
(B) if the Attorney General of the United 
States has commenced and is diligently pros-
ecuting a civil action in a court of the United 
States or a State with respect to such matter, 
but in any such action in a court of the United 
States any person having a legal interest which 
is or may be adversely affected may intervene 
as a matter of right. 
(2) EXCEPTION.—An action may be brought 
under this subsection immediately after notification 
of the alleged violation in any case in which the al-
leged violation constitutes an imminent threat to the 
public health or safety or the environment or would 
immediately affect a legal interest of the plaintiff. 
(c) INTERVENTION.—In any action commenced pur-
suant to this section, the Attorney General of the United 
States, upon the request of the appropriate Federal offi-
cial, may intervene as a matter of right. 
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(d) COSTS; SECURITY.—A court, in issuing any final 
order in any action brought pursuant to this section, may 
award costs of litigation, including reasonable attorney 
and expert witness fees, to any party, whenever such court 
determines such award is appropriate. The court may, if 
a temporary restraining order or preliminary injunction 
is sought, require the filing of a bond or equivalent secu-
rity in a sufficient amount to compensate for any loss or 
damage suffered, in accordance with the Federal Rules of 
Civil Procedure. 
(e) SAVINGS.—Nothing in this section shall restrict 
any right which any person or class of persons may have 
under any other Federal or State law or common law to 
seek appropriate relief. 
SEC. 12. REMEDIES AND PENALTIES. 
(a) INJUNCTIONS AND RESTRAINING ORDERS.—At 
the request of the appropriate Federal official, the Attor-
ney General of the United States or a United States attor-
ney shall institute a civil action in the district court of 
the United States for the district in which the affected 
operation is located for a temporary restraining order, in-
junction, or other appropriate remedy to enforce any pro-
vision of this Act or any regulation or order issued under 
this Act. 
(b) CIVIL PENALTIES; HEARING.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), if any person fails to comply with any 
provision of this Act or any regulation or order 
issued under this Act, after notice of such failure 
and expiration of any reasonable period allowed for 
corrective action, such person shall be liable for a 
civil penalty of not more than $75,000 for each day 
of the continuance of such failure. The appropriate 
Federal official may assess, collect, and compromise 
any such penalty. No penalty shall be assessed until 
the person charged with a violation has been given 
an opportunity for a hearing. The appropriate Fed-
eral official shall, by regulation at least every 3 
years, adjust the penalty specified in this paragraph 
to reflect any increases in the Consumer Price Index 
for all urban consumers. 
(2) THREAT OF SERIOUS IRREPARABLE OR IM-
MEDIATE
HARM.—If a failure described in para-
graph (1) constitutes or constituted a threat of seri-
ous, irreparable, or immediate harm or damage to 
life (including fish and other aquatic life), property, 
any mineral deposit, or the marine, coastal, or 
human environment, a civil penalty of not more than 
$150,000 shall be assessed for each day of the con-
tinuance of the failure. 
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(c) CRIMINAL PENALTIES.—Any person who know-
ingly and willfully— 
(1) violates any provision of this Act, or any 
regulation or order issued under the authority of 
this Act, designed to protect the public health and 
safety or the environment; 
(2) makes any false statement, representation, 
or certification in any application, record, report, or 
other document filed or required to be maintained 
under this Act; or 
(3) falsifies, tampers with, or renders inac-
curate any monitoring device or method of record re-
quired to be maintained under this Act, 
shall, upon conviction, be punished by a fine of not more 
than $10,000,000, or by imprisonment for not more than 
10 years, or both. Each day that a violation of paragraph 
(1) continues, or each day that any monitoring device or 
data recorder remains inoperative or inaccurate because 
of any activity described in paragraph (3), shall constitute 
a separate violation. 
(d) LIABILITY
OF
CORPORATE
OFFICERS
AND 
AGENTS FOR VIOLATIONS BY CORPORATION.—Whenever 
a corporation or other entity is subject to prosecution 
under subsection (c), any officer or agent of such corpora-
tion or entity who knowingly and willfully, or with willful 
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