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Environmental and Health
Notification Requirements
The initial step in the Superfund process involves identification of sites
that may be contaminated with hazardous substances. Two general
requirements imposed on owners and operators of facilities and vessels
are intended to identify contaminated sites:
release reporting
requirements for facilities and vessels, and notification of the existence of
hazardous waste disposal sites by owners and operators of these
facilities.
What Happens if There is a Release?
Superfund requires owners and operators of facilities or vessels who
know of a release of hazardous substances to immediately report to the
National Response Center all such releases which equal or exceed
specified RQs established by EPA. This reporting requirement, as well
as the designation of hazardous substances and their associated RQs, is
part of the NCP, and closely parallels provisions of CWA which
originally required the development of the NCP. CERCLA expands the
scope of the NCP and reporting requirements to include additional
substances. Moreover, CERCLA requirements apply to all spills and
releases into the environment, rather than just actual or threatened spills
into waterways. If notifying the National Response Center is not
applicable, notification may be made to the Coast Guard, EPA, or the
On-Scene Coordinator (OSC) designated for the geographic area where
the discharge has occurred. The OSC is designated by EPA or the Coast
Guard to coordinate and direct federal cleanup efforts.
Failure to notify the National Response Center in the event of a
release, or knowing submission of false or misleading information, is
punishable by a fine or term of imprisonment of not more than three
years, or five years for a second or subsequent conviction. Notification
of a release may not be used in a criminal case against the person
reporting the information, except in prosecutions for perjury or giving
a false statement. Therefore, even if cleanup costs are charged or
incurred, the consequences of not reporting may be more severe than if
reporting is satisfied.
After a spill or release is reported, EPA (or the Coast Guard if the
release is into navigable waterways) then notifies other appropriate
agencies and begins any necessary emergency response or cleanup
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