Enforcement
Criminal Provisions of the Emergency Planning and Community Right to Know Act (EPCRA)
Failure to Notify of Release
Elements:- A person who is an owner or operator of a facility
- Knowingly and willfully
- Fails to Provide Notice as Required by 42 U.S.C. 11004 immediately after the release of a reportable quantity of a hazardous substance or extremely hazardous substance requiring notice from a facility at which a hazardous chemical is produced, used, or stored
- Knowingly and willfully
Penalty:
- 2 years and/or fines pursuant to 18 U.S.C. 3571.
- Up to 5 years if second or subsequent conviction