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i 1 Pursuant to Title 28, U.S.C. § 2401, a tort claim C. Resource Conservation Recover Act (RCRA), Section 7002 against the United States is barred unless it is presented Section 7002 of the Resource Conservation Recovery in writing first to the appropriate federal agency within Act (RCRA) provides that any person may bring a civil action two (2) years after the claim accrues, or unless an action against any other person, including the United States, any is begun within six (6) months after the date of mailing other governmental instrumentality or agency, to the extent of the notice of final denial of the claim by the agency permitted by the Constitution, who is alleged to be in violation to which it was presented. Title 28, U.S.C. § 2675 states of any permit, standard, regulation, condition, requirement that an action may not be instituted upon a claim against or order which has become effective pursuant to RCRA. No the United States for money damages for injury or loss of action may be commenced, however, until sixty (60) days after property caused by the negligent or wrongful acts or omissions the plaintiff has given notice of the violation to the Adminis- of any employee while acting within the scope of his or her trator of the United States Environmental Protection Agency, employment unless the claim has first been presented to the to the State in which the alleged violation occurs, and to appropriate federal agency and finally denied by the agency any alleged violator of such permit, standard, regulation, in writing. If the agency fails to make final disposition condition, requirement or order. Further, no such action of the claim within six (6) months after it is filed, the may be commenced if the United States or the State has first claim is deemed denied for purposes of undertaking litigation. brought a claim in a court of the United States or a State Based on the foregoing, the City of St. Anthony, to require compliance with the permit, standard, regulation, before bringing an action under the Federal Tort Claims Act, condition, requirement or order. If such an action has been must give notice of its claim to the United States Department commenced in a court of the United States, any person may of the Army within two (2) years after the claim accrues. intervene as a matter of right. The City of New Brighton If the claim is denied in writing by the Army, an action has brought a claim under § 7002 of RCRA on the basis that must be commenced within six (6) months after the date that the defendants' disposal of hazardous waste at TCAAP and the notice of denial has been mailed to the City. If the Butcher's Spur constitutes a violation of environmental quality Army does not respond, the claim is deemed denied at the standards, regulations and orders within the meaning of the end of six (6) months and an action must be commenced within statute. six (6) months thereafter. - 6 - 7 -