in a civil action, incurred costs related to remediation or cleanup, or obtained a court order, consent decree cleanup or removal action pursuant to CERC-LA; or (2) the state is prosecuting an action pursuant to § 6972(a)(1)(B), engaging in a removal action pursuant to CERCLA, or has incurred costs related to remediation or cleanup. 5 . 4 Since this Court has held that Defendant’s discharges covered by the NPDES permitting scheme are not solid waste under RCRA, this Court does not need to address Defendant’s argument that the Facility's discharges covered by NPDES permits are covered by 33 U.S.C. § 1342(k) — the CWA "permit shield”— and thus are outside of RCRA’s remedial reach under 42 U.S.C. § 6905(a). See Coon ex rel. Coon v. Willet Dairy, LP., 536 F.3d 171, 173-74 (2d Cir.2008) (<HOLDING>). 6 . "disposal” is defined as "the discharge,
holding that statute authorizing citizen suits against those alleged to be in violation of the clean water act cwa conferred no jurisdiction over cases based on wholly past violations holding that the cwa authorizes citizen suits for the enforcement of all conditions of npdes permits including those imposed by georgia law holding that the limitation act does not apply to claims brought under the clean water act holding that denial of permit under section 404 of the clean water act was a taking holding that  6905a of the cwa prevents any under claims under rcra that would be barred under the clean water acts cwa npdes permit shield