CITE

    42 USC Sec. 9603                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
                   AND LIABILITY
    SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
                    COMPENSATION

HEAD

    Sec. 9603. Notification requirements respecting released substances

STATUTE

    (a) Notice to National Response Center upon release from vessel or
      offshore or onshore facility by person in charge; conveyance of
      notice by Center
      Any person in charge of a vessel or an offshore or an onshore
    facility shall, as soon as he has knowledge of any release (other
    than a federally permitted release) of a hazardous substance from
    such vessel or facility in quantities equal to or greater than
    those determined pursuant to section 9602 of this title,
    immediately notify the National Response Center established under
    the Clean Water Act [33 U.S.C. 1251 et seq.] of such release. The
    National Response Center shall convey the notification
    expeditiously to all appropriate Government agencies, including the
    Governor of any affected State.
    (b) Penalties for failure to notify; use of notice or information
      pursuant to notice in criminal case
      Any person -
        (1) in charge of a vessel from which a hazardous substance is
      released, other than a federally permitted release, into or upon
      the navigable waters of the United States, adjoining shorelines,
      or into or upon the waters of the contiguous zone, or
        (2) in charge of a vessel from which a hazardous substance is
      released, other than a federally permitted release, which may
      affect natural resources belonging to, appertaining to, or under
      the exclusive management authority of the United States
      (including resources under the Magnuson-Stevens Fishery
      Conservation and Management Act [16 U.S.C. 1801 et seq.]), and
      who is otherwise subject to the jurisdiction of the United States
      at the time of the release, or
        (3) in charge of a facility from which a hazardous substance is
      released, other than a federally permitted release,
    in a quantity equal to or greater than that determined pursuant to
    section 9602 of this title who fails to notify immediately the
    appropriate agency of the United States Government as soon as he
    has knowledge of such release or who submits in such a notification
    any information which he knows to be false or misleading shall,
    upon conviction, be fined in accordance with the applicable
    provisions of title 18 or imprisoned for not more than 3 years (or
    not more than 5 years in the case of a second or subsequent
    conviction), or both. Notification received pursuant to this
    subsection or information obtained by the exploitation of such
    notification shall not be used against any such person in any
    criminal case, except a prosecution for perjury or for giving a
    false statement.
    (c) Notice to Administrator of EPA of existence of storage, etc.,
      facility by owner or operator; exception; time, manner, and form
      of notice; penalties for failure to notify; use of notice or
      information pursuant to notice in criminal case
      Within one hundred and eighty days after December 11, 1980, any
    person who owns or operates or who at the time of disposal owned or
    operated, or who accepted hazardous substances for transport and
    selected, a facility at which hazardous substances (as defined in
    section 9601(14)(C) of this title) are or have been stored,
    treated, or disposed of shall, unless such facility has a permit
    issued under, or has been accorded interim status under, subtitle C
    of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], notify
    the Administrator of the Environmental Protection Agency of the
    existence of such facility, specifying the amount and type of any
    hazardous substance to be found there, and any known, suspected, or
    likely releases of such substances from such facility. The
    Administrator may prescribe in greater detail the manner and form
    of the notice and the information included. The Administrator shall
    notify the affected State agency, or any department designated by
    the Governor to receive such notice, of the existence of such
    facility. Any person who knowingly fails to notify the
    Administrator of the existence of any such facility shall, upon
    conviction, be fined not more than $10,000, or imprisoned for not
    more than one year, or both. In addition, any such person who
    knowingly fails to provide the notice required by this subsection
    shall not be entitled to any limitation of liability or to any
    defenses to liability set out in section 9607 of this title:
    Provided, however, That notification under this subsection is not
    required for any facility which would be reportable hereunder
    solely as a result of any stoppage in transit which is temporary,
    incidental to the transportation movement, or at the ordinary
    operating convenience of a common or contract carrier, and such
    stoppage shall be considered as a continuity of movement and not as
    the storage of a hazardous substance. Notification received
    pursuant to this subsection or information obtained by the
    exploitation of such notification shall not be used against any
    such person in any criminal case, except a prosecution for perjury
    or for giving a false statement.
    (d) Recordkeeping requirements; promulgation of rules and
      regulations by Administrator of EPA; penalties for violations;
      waiver of retention requirements
      (1) The Administrator of the Environmental Protection Agency is
    authorized to promulgate rules and regulations specifying, with
    respect to -
        (A) the location, title, or condition of a facility, and
        (B) the identity, characteristics, quantity, origin, or
      condition (including containerization and previous treatment) of
      any hazardous substances contained or deposited in a facility;
    the records which shall be retained by any person required to
    provide the notification of a facility set out in subsection (c) of
    this section. Such specification shall be in accordance with the
    provisions of this subsection.
      (2) Beginning with December 11, 1980, for fifty years thereafter
    or for fifty years after the date of establishment of a record
    (whichever is later), or at any such earlier time as a waiver if
    obtained under paragraph (3) of this subsection, it shall be
    unlawful for any such person knowingly to destroy, mutilate, erase,
    dispose of, conceal, or otherwise render unavailable or unreadable
    or falsify any records identified in paragraph (1) of this
    subsection. Any person who violates this paragraph shall, upon
    conviction, be fined in accordance with the applicable provisions
    of title 18 or imprisoned for not more than 3 years (or not more
    than 5 years in the case of a second or subsequent conviction), or
    both.
      (3) At any time prior to the date which occurs fifty years after
    December 11, 1980, any person identified under paragraph (1) of
    this subsection may apply to the Administrator of the Environmental
    Protection Agency for a waiver of the provisions of the first
    sentence of paragraph (2) of this subsection. The Administrator is
    authorized to grant such waiver if, in his discretion, such waiver
    would not unreasonably interfere with the attainment of the
    purposes and provisions of this chapter. The Administrator shall
    promulgate rules and regulations regarding such a waiver so as to
    inform parties of the proper application procedure and conditions
    for approval of such a waiver.
      (4) Notwithstanding the provisions of this subsection, the
    Administrator of the Environmental Protection Agency may in his
    discretion require any such person to retain any record identified
    pursuant to paragraph (1) of this subsection for such a time period
    in excess of the period specified in paragraph (2) of this
    subsection as the Administrator determines to be necessary to
    protect the public health or welfare.
    (e) Applicability to registered pesticide product
      This section shall not apply to the application of a pesticide
    product registered under the Federal Insecticide, Fungicide, and
    Rodenticide Act [7 U.S.C. 136 et seq.] or to the handling and
    storage of such a pesticide product by an agricultural producer.
    (f) Exemptions from notice and penalty provisions for substances
      reported under other Federal law or is in continuous release,
      etc.
      No notification shall be required under subsection (a) or (b) of
    this section for any release of a hazardous substance -
        (1) which is required to be reported (or specifically exempted
      from a requirement for reporting) under subtitle C of the Solid
      Waste Disposal Act [42 U.S.C. 6921 et seq.] or regulations
      thereunder and which has been reported to the National Response
      Center, or
        (2) which is a continuous release, stable in quantity and rate,
      and is -
          (A) from a facility for which notification has been given
        under subsection (c) of this section, or
          (B) a release of which notification has been given under
        subsections (a) and (b) of this section for a period sufficient
        to establish the continuity, quantity, and regularity of such
        release:
      Provided, That notification in accordance with subsections (a)
      and (b) of this paragraph shall be given for releases subject to
      this paragraph annually, or at such time as there is any
      statistically significant increase in the quantity of any
      hazardous substance or constituent thereof released, above that
      previously reported or occurring.

SOURCE

    (Pub. L. 96-510, title I, Sec. 103, Dec. 11, 1980, 94 Stat. 2772;
    Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
    3300; Pub. L. 99-499, title I, Secs. 103, 109(a)(1), (2), Oct. 17,
    1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104-208, div. A, title I,
    Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.
    3009, 3009-41.)

REFERENCES IN TEXT

      The Clean Water Act, referred to in subsec. (a), is act June 30,
    1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct.
    18, 1972, 86 Stat. 816, also known as the Federal Water Pollution
    Control Act, which is classified generally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in subsec. (b)(2), is Pub. L. 94-265, Apr. 13, 1976, 90
    Stat. 331, as amended, which is classified principally to chapter
    38 (Sec. 1801 et seq.) of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of Title 16 and Tables.
      The Solid Waste Disposal Act, referred to in subsecs. (c) and
    (f)(1), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997,
    as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90
    Stat. 2795. Subtitle C of the Solid Waste Disposal Act is
    classified generally to subchapter III (Sec. 6921 et seq.) of
    chapter 82 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 6901 of
    this title and Tables.
      The Federal Insecticide, Fungicide, and Rodenticide Act, referred
    to in subsec. (e), is act June 25, 1947, ch. 125, as amended
    generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
    classified generally to subchapter II (Sec. 136 et seq.) of chapter
    6 of Title 7, Agriculture. For complete classification of this Act
    to the Code, see Short Title note set out under section 136 of
    Title 7 and Tables.

AMENDMENTS

      1996 - Subsec. (b)(2). Pub. L. 104-208 substituted "Magnuson-
    Stevens Fishery" for "Magnuson Fishery".
      1986 - Subsec. (b). Pub. L. 99-499, Secs. 103, 109(a), adjusted
    left hand margin of text following "federally permitted release,"
    third place appearing so that there is no indentation of that text,
    inserted "or who submits in such a notification any information
    which he knows to be false or misleading", and substituted "in
    accordance with the applicable provisions of title 18 or imprisoned
    for not more than 3 years (or not more than 5 years in the case of
    a second or subsequent conviction), or both" for "not more than
    $10,000 or imprisoned for not more than one year, or both" and
    "subsection" for "paragraph".
      Subsec. (d)(2). Pub. L. 99-499, Sec. 109(a)(2), substituted "in
    accordance with the applicable provisions of title 18 or imprisoned
    for not more than 3 years (or not more than 5 years in the case of
    a second or subsequent conviction), or both" for "not more than
    $20,000, or imprisoned for not more than one year, or both" as the
    probable intent of Congress, notwithstanding directory language
    that the substitution be made for "not more than $20,000, or
    imprisoned for not more than one year or both".
      1980 - Subsec. (b)(2). Pub. L. 96-561 substituted "Magnuson
    Fishery Conservation and Management Act" for "Fishery Conservation
    and Management Act of 1976".
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.

CONTIGUOUS ZONE OF UNITED STATES

      For extension of contiguous zone of United States, see Proc. No.
    7219, set out as a note under section 1331 of Title 43, Public
    Lands.