US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC9603]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9603. Notification requirements respecting released 
        substances
        

(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.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6937, 6991a, 9602, 9609, 
9620, 9626, 11004 of this title.