---
kind: "section"
citation: "33 U.S.C. § 1364"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1364"
heading: "Emergency powers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1364"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter V — General Provisions"
---

# §1364. Emergency powers

- (a) **Emergency powers—** Notwithstanding any other provision of this chapter, the Administrator upon receipt of evidence that a [pollution](/usc/33/1362.md?p=19) source or combination of sources is presenting an imminent and substantial endangerment to the health of [persons](/usc/33/1362.md?p=5) or to the welfare of [persons](/usc/33/1362.md?p=5) where such endangerment is to the livelihood of such [persons](/usc/33/1362.md?p=5), 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](/usc/33/1362.md?p=5) causing or contributing to the alleged [pollution](/usc/33/1362.md?p=19) to stop the [discharge of pollutants](/usc/33/1362.md?p=12) causing or contributing to such [pollution](/usc/33/1362.md?p=19) or to take such other action as may be necessary.
- (b) **Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809—**

## Source credit

(June 30, 1948, ch. 758, title V, § 504, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95–217, § 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809.)

## Notes

### Editorial Notes

### 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).

### Statutory Notes and Related Subsidiaries

### 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.