§5.5 - Enforcement

• Jurisdiction: Washington

§5.5 Enforcement

TSCAs enforcement provisions are broad and provide the EPA with a wide range of options to ensure compliance.

(1) Prohibitions and sanctions

The following activities are prohibited by TSCA: violation of any rule or order issued by the EPA; commercial use of a substance that the person had reason to know was a violation of an EPA rule or order; failure to keep records, make reports to the EPA, or allow the EPA access to records required to be kept; and refusal to permit the EPA entry to a facility to inspect for compliance. 15 U.S.C. §2614. Civil and criminal penalties are available to the EPA for violations of TSCA. Civil penalties may be assessed up to $37,500 per day per violation. 15 U.S.C. §2615(a)(1); 40 C.F.R. §19.4. Persons convicted of a knowing or willful violation of TSCA may, in addition to civil penalties, be fined up to $50,000 per day per violation and imprisoned for up to one year. 15 U.S.C. § 2615(b). The penalties go up to $250,000 or imprisonment for up to 15 years if knowing or willful violations of TSCA place "an individual in imminent danger of death or serious bodily injury." 15 U.S.C. § 2615(b)(2).

(2) Procedures

Civil penalties are imposed by the EPA by administrative order after...