§ 9603.
(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
(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.
(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:
([Pub. L. 96–510, title I, § 103], Dec. 11, 1980, [94 Stat. 2772]; [Pub. L. 96–561, title II, § 238(b)], Dec. 22, 1980, [94 Stat. 3300]; [Pub. L. 99–499, title I], §§ 103, 109(a)(1), (2), Oct. 17, 1986, [100 Stat. 1617], 1632, 1633; [Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]], Sept. 30, 1996, [110 Stat. 3009], 3009–41; [Pub. L. 115–141, div. S, title XI, § 1102], Mar. 23, 2018, [132 Stat. 1147].)