) Any person may commence a civil action on his behalf: (1) Against any person (including the United States, and
any other governmental instrumentality or agency, to the extent permitted by law) who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this Chapter; or

(2) Against any person, including the United States, and any other governmental instrumentality or agency, to the extent permitted by law, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present

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an imminent and substantial endangerment to health or the environment; or

(3) Against the Administrator where there is alleged a failure of the Administrator to perform any duty under this Chapter which is not discretionary with the Administrator.

Any action under paragraph (a)(1), (a)(2), or (a)(3) of this Section shall be brought in the Superior Court of Guam. The Superior Court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the permit, standard, regulation, condition, requirement, prohibition, or order referred to in paragraph (a)(1), to restrain any person who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (a)(2), to order such person to take such further action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (a)(3), as the case may be, and to apply any appropriate civil penalties under § 51115(b) and (d). No bond shall be required for issuance of an injunction or temporary injunction after a duly noticed hearing.

(b) Except for injunctive relief, no action may be commenced under subsection (a)(1) or (a)(2) of this Section:

(1) Prior to ninety (90) days after the plaintiff has given notice of the violation or endangerment to (i) the Administrator; (ii) the government of Guam; and (iii) to any alleged violator of such permit, standard, regulation, condition, requirement, prohibition, or order referred in subsection (a) (1) of this Section if applicable or to any person alleged to have contributed or to be contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in subsection (a)(2) of this Section if applicable.

(2) Except for injunctive relief, if the Administrator or government of Guam has commenced and is diligently prosecuting a civil or criminal action to require compliance with such permit, standard, regulation, condition, requirement, prohibition, or order pursuant to subsection

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(a)(1) of this Section or if the Administrator or government of Guam, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment under subsection (a)(2) of this Section has commenced and is diligently prosecuting an action under local law or under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or is actually engaging in a removal action under CERCLA or has incurred cost to initiate a remedial Investigation and Feasibility Study under CERCLA and is diligently proceeding with a remedial action.

(c) Except for injunctive relief, no action may be commenced under subsection (a)(3) of this Section prior to sixty (60) days after the plaintiff has given notice to the Administrator and the government of Guam in which the failure has occurred that he will commence such action.