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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 givin