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Bring a citizen suit against Nasty Inc. because its Toledo plant is repeatedly d

ID: 1713764 • Letter: B

Question

Bring a citizen suit against Nasty Inc. because its Toledo plant is repeatedly discharging the pollutant mercury to the Ottawa River in concentrations exceeding the limit set forth in Nasty’s NPDES permit, in violation of the Clean Water Act. Prior to commencing a Clean Water Act citizen suit, a plaintiff must provide written notice of the violation to the corporation, the Administrator of U.S. EPA, and Ohio EPA.  Once written notice is provided, how long must I wait before it is lawful to commence the citizen suit?

Explanation / Answer

You have provided the written notice, now you can basically do two things-

(1.) Either you can negotiate with the Party outside the court , and settle the matter , which I think would be difficult as the other party is in strong position and will not pay a heed to it.

(2.) You can wait for a period of three weeks and see if the party responds to your notice, if it doesn't then you can proceed with the citizen suit.

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