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.