Enforcement
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
- Knowingly
Penalty:
- 3 years and/or fines pursuant to 18 U.S.C. 3571.
- Up to 5 years if second or subsequent conviction