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Enforcement

Criminal Provisions of the Emergency Preparedness and Community Right-To-Know Act (EPCRA)

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Failure to Notify of Release

Elements:
  • A person who is an owner or operator of a facility
    • Knowingly and willfully
      • Fails to Provide Notice as Required by 42 U.S.C. 11004 immediately after the release of a reportable quantity of a hazardous substance or extremely hazardous substance requiring notice from a facility at which a hazardous chemical is produced, used, or stored
Statute: 42 U.S.C. 11045(b)(4)

Penalty:
  • 2 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. 355

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