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

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}