Page:United States Statutes at Large Volume 94 Part 3.djvu/130

 94 STAT. 2774

PUBLIC LAW 96-510—DEC. 11, 1980

such person knowingly to destroy, mutilate, erase, dispose of, conceal, or otherwise render unavailable or unreadable or falsify any records identified in paragraph (1) of this subsection. Any person who violates this paragraph shall, upon conviction, be fined not more than $20,000, or imprisoned for not more than one year, or both. (3) At any time prior to the date which occurs fifty years after the date of enactment of this Act, any person identified under paragraph (1) of this subsection may apply to the Administrator of the Environmental Protection Agency for a waiver of the provisions of the first sentence of paragraph (2) of this subsection. The Administrator is authorized to grant such waiver if, in his discretion, such waiver would not unreasonably interfere with the attainment of the purRules and poses and provisions of this Act. The Administrator shall promulgate regulations. rules and regulations regarding such a waiver so as to inform parties of the proper application procedure and conditions for approval of such a waiver. (4) Notwithstanding the provisions of this subsection, the Administrator of the Environmental Protection Agency may in his discretion require any such person to retain any record identified pursuant to paragraph (1) of this subsection for such a time period in excess of the period specified in paragraph (2) of this subsection as the Administrator determines to be necessary to protect the public health or welfare. (e) This section shall not apply to the application of a pesticide product registered under the Federal Insecticide, Fungicide, and 7 USC 136 note. Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer. (0 No notification shall be required under subsection (a) or O> of t) this section for any release of a hazardous substance— (1) which is required to be reported (or specifically exempted from a requirement for reporting) under subtitle C of the Solid 42 USC 6921. Waste Disposal Act or regulations thereunder and which has been reported to the National Response Center, or (2) which is a continuous release, stable in quantity and rate, and is— (A) from a facility for which notification has been given under subsection (c) of this section, or (B) a release of which notification has been given under subsections (a) and 0)) of this section for a period sufficient to establish the continuity, quantity, and regularity of such release: Provided, That notification in accordance with subsections (a) and Qo) of this paragraph shall be given for releases subject to this paragraph annually, or at such time as there is any statistically significant increase in the quantity of any hazardous substance or constituent thereof released, above that previously reported or occurring. RESPONSE AUTHORITIES

42 USC 9604.

SEC. 104. (a)(1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contami-

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