Andy Perellis and Geoff Tichenor Published in Environmental Enforcement and Crimes Committee Newsletter "Emergency Release Notification Requirements: How Soon is Soon Enough"
02/27/2007
Andy and Geoff's article,"Emergency Release Notification Requirements: How Soon is Soon Enough," was published in the February 2007 issue of the American Bar Association's Environmental Enforcement and Crimes Committee Newsletter. The authors note that many companies that use federally regulated substances in their day-to-day operations, and are obligated to notify various agencies following a significant release, are surprised to learn that various common chemicals (like ammonia) require notification when released in sufficient quantities. "Their surprise turns to shock when slapped by the United States Environmental Protection Agency (U.S. EPA) with civil - - and potentially, criminal - - penalties for violating the release reporting requirements." They outline some of the more important reporting requirements including: when a notification requirement is triggered, to whom must notification be provided, how long after the release of reportable quantity does a company have to notify and the form and content of the notification. Andy and Geoff counsel companies that "when in doubt, report." To avoid the serious consequences of failing to timely observe an emergency release, they suggest that company personnel are properly trained and adequately equipped to make meaningful calculations of the volume of a release even if the volume is not yet known. "A few phone calls and the required supplemental written report could save a company from six-figure penalties and shield it and its corporate officers from criminal liability.
