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Enforcement

Criminal Provisions of the Comprehensive Environmental Response, Compensation - and Liability Act (CERCLA)

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Failure to Notify of Release

Elements:
  • A person in charge of a facility or vessel
    • Knowingly
      • Fails to notify the appropriate agency of the U.S. Government immediately as soon as he/she became aware of the release into the environment of a hazardous substance in an amount equal to or greater than a reportable quantity without a federal permit
Statute: 42 U.S.C. 9603(b)

Penalty:
  • 3 years and/or fines pursuant to 18 U.S.C. 3571.
    • Up to 5 years if second or subsequent conviction
Relevant Regulations: 40 C.F.R. 302; 40 C.F.R. 116, 129, 261, 61, 761 {lists of covered chemicals under other statutes}

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