Section 29 Enforcement, Penalties, Citizen Suits, and State and Local Suits

• Library: Environmental Law 2007 Supp

Replace the first two paragraphs with the following:

EPCRA is a strict liability statute; intent, therefore, is not an element. See Steeltech, Ltd. v. EPA, 273 F.3d 652, 656 (6^th Cir. 2001).

Congress established penalties for violations when it originally enacted EPCRA and the PPA. See 42 U.S.C. § 11045. Under the Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, the EPA has issued regulations increasing the maximum civil monetary penalties for EPCRA violations that occur after March 15, 2004. 40 C.F.R. § 19.2. Violations of EPCRA...