---
kind: "section"
citation: "30 C.F.R. § 700.13"
title: "30"
number: "700.13"
heading: "Notice of citizen suits."
url: "https://uscodex.org/cfr/30/700.13"
---

# §700.13. Notice of citizen suits.

- (a) A person who intends to initiate a civil action on his or her own behalf under section 520 of the Act shall give notice of intent to do so, in accordance with this section.
- (b) Notice shall be given by certified mail to the Secretary and the Director in all cases and to the head of the State regulatory authority, if a complaint involves or relates to a specific State. A copy of the notice shall be sent by first class mail to the Regional Director, if the complaint involves or relates to surface coal mining and reclamation operations in a specific region of the Office.
- (c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any regulation, order, or permit issued under the Act.
- (d) Service of notice under this section is complete upon mailing to the last known address of the person being notified.
- (e) A person giving notice regarding an alleged violation shall state, to the extent known—
  - (1) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;
  - (2) The act or omission alleged to constitute a violation;
  - (3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;
  - (4) The date, time, and location of the alleged violation;
  - (5) The name, address, and telephone number of the person giving notice; and
  - (6) **The name, address, and telephone number of legal counsel, if any, of the person giving notice.**
- (f) A person giving notice of an alleged failure by the Secretary or a State regulatory authority to perform a mandatory act or duty under the Act shall state, to the extent known:
  - (1) The provision of the Act containing the mandatory act or duty allegedly not performed;
  - (2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the Act;
  - (3) The name, address, and telephone number of the person giving notice; and
  - (4) **The name, address, and telephone number of legal counsel, if any, of the person giving notice.**

## Notes

### Authority

Authority: 30 U.S.C. 1201 et seq.

### Source

Source: 44 FR 15313, Mar. 13, 1979, unless otherwise noted.