Page:United States Statutes at Large Volume 90 Part 2.djvu/558

 90 STAT. 2026

PUBLIC LAW 94-469—OCT. 11, 1976 SEC. 7. IMMINENT HAZARDS.

Civil action.

15 USC 2606.

Jurisdiction.

(a) ACTIONS AUTHORIZED AND REQUIRED.— (1) The A d m i n i s t r a to r

may commence a civil action i n a n appropriate district court of the United States— (A) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, (B) for relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, or uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, or (C) for both such seizure and relief. A civil action may be commenced under this paragraph notwithstanding the existence of a rule under section 4, 5, or 6 or a n order under section 5, and notwithstanding the pendency of any administrative or judicial proceeding under any provision of this Act. (2) I f the Administrator has not made a rule under section 6(a) immediately effective (as authorized by subsection 6(d)(2)(A)(i)) with respect to a n imminently hazardous chemical substance or mixture, the Administrator shall commence in a district court of the United States with respect to such substance or mixture or article containing such substance or mixture a civil action described in subparagraph (A), (B), o r (C) of paragraph (1). (b)

R E L I E F AUTHORIZED.— (1)

The district court of the

United

States in which an action under subsection (a) is brought shall have jurisdiction to g r a n t such temporary or permanent relief as may be necessary to protect health or the environment from the unreasonable risk associated with the chemical substance, mixture, or article involved in such action. (2) I n the case of an action under subsection (a) brought against a person who manufactures, processes, or distributes i n commerce a chemical substance or mixture or an article containing a chemical substance o r mixture, the relief authorized by paragraph (1) may include the issuance of a mandatory order requiring (A) i n the case of purchasers of such substance, mixture, or article known to the defendant, notification to such purchasers of the risk associated with i t; (B) public notice of such risk; (C) recall; (D) the replacement or repurchase of such substance, mixture, or article; or (E) any combination of the actions described in the preceding clauses. (3) I n the case of a n action under subsection (a) against a chemical substance, mixture, or article, such substance, mixture, or article may be proceeded against by process of libel for its seizure and condemnation. Proceedings in such an action shall conform as nearly as possible to proceedings in rem in admiralty. (c) V E N U E AND CONSOLIDATION.—(1)(A) A n action under subsec-

tion (a) against a person who manufactures, processes, or distributes a chemical substance or mixture or an article containing a chemical substance or mixture may be brought in the United States District Court for the District of Columbia or for any judicial district in which any of the defendants is found, resides, or transacts business; and process in such a n action may be served on a defendant in any other district in which such defendant resides or may be found. A n action under subsection (a) against a chemical substance, mixture, or article may be brought in any United States district court within the jurisdiction of which the substance, mixture, or article is found. (B) I n determining the judicial district in which an action may be brought under subsection (a) in instances in which such action may

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