Fukino

MEMORANDUM **

Envirowatch, Inc., Carroll Cox, Gary Siu, and Joseph Hernandez (collectively “Envirowatch”) appeal the district court’s dismissal of their suit against Chiyome L. Fukino, in her official capacity as Director of the Department of Health for the State of Hawaii (the “State”). The action was filed under the citizen suit provision, 42 U.S.C. § 6972 (a)(1)(A), 1 of the Resource Conservation and Recovery Act (“RCRA”). The district court dismissed Envirowatch’s suit for failing to comply with the mandatory notice-and-delay provisions of § 6972. We have jurisdiction under 28 U.S.C. *574 § 1291 . We review de novo the district court’s dismissal and may affirm on any ground supported in the record. See Ascon Prop., Inc. v. Mobil Oil Co., 866 F.2d 1149 , 1157 (9th Cir.1989). We affirm.

Envirowatch did not wait sixty days after giving notice of its intent to sue under the citizen suit provision of RCRA, which is a mandatory condition precedent to commencing the action. Hallstrom v. Tillamook County, 493 U.S. 20, 31, 33 , 110 S.Ct. 304 , 107 L.Ed.2d 237 (1989) (“[WJhere a party suing under the citizen suit provisions of RCRA fails to meet the notice and 60-day delay…