§ 2606. — Imminent hazards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2606]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 2606. Imminent hazards
(a) Actions authorized and required
(1) The Administrator may commence a civil action in an 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) of this section)
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 2603 of this title, 2604 of this
title, 2605 of this title, or subchapter IV of this chapter or an order
under section 2604 of this title or subchapter IV of this chapter, and
notwithstanding the pendency of any administrative or judicial
proceeding under any provision of this chapter.
(2) If the Administrator has not made a rule under section 2605(a)
of this title immediately effective (as authorized by section
2605(d)(2)(A)(i) of this title) with respect to an 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), or (C) of paragraph (1).
(b) Relief authorized
(1) The district court of the United States in which an action under
subsection (a) of this section is brought shall have jurisdiction to
grant 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) In the case of an action under subsection (a) of this section
brought against a person who manufactures, processes, or distributes in
commerce a chemical substance or mixture or an article containing a
chemical substance or mixture, the relief authorized by paragraph (1)
may include the issuance of a mandatory order requiring (A) in the case
of purchasers of such substance, mixture, or article known to the
defendant, notification to such purchasers of the risk associated with
it; (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) In the case of an action under subsection (a) of this section
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) Venue and consolidation
(1)(A) An action under subsection (a) of this section 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 an action may
be served on a defendant in any other district in which such defendant
resides or may be found. An action under subsection (a) of this section
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) In determining the judicial district in which an action may be
brought under subsection (a) of this section in instances in which such
action may be brought in more than one judicial district, the
Administrator shall take into account the convenience of the parties.
(C) Subpeonas \1\ requiring attendance of witnesses in an action
brought under subsection (a) of this section may be served in any
judicial district.
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\1\ So in original. Probably should be ``Subpoenas''.
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(2) Whenever proceedings under subsection (a) of this section
involving identical chemical substances, mixtures, or articles are
pending in courts in two or more judicial districts, they shall be
consolidated for trial by order of any such court upon application
reasonably made by any party in interest, upon notice to all parties in
interest.
(d) Action under section 2605
Where appropriate, concurrently with the filing of an action under
subsection (a) of this section or as soon thereafter as may be
practicable, the Administrator shall initiate a proceeding for the
promulgation of a rule under section 2605(a) of this title.
(e) Representation
Notwithstanding any other provision of law, in any action under
subsection (a) of this section, the Administrator may direct attorneys
of the Environmental Protection Agency to appear and represent the
Administrator in such an action.
(f) ``Imminently hazardous chemical substance or mixture'' defined
For the purposes of subsection (a) of this section, the term
``imminently hazardous chemical substance or mixture'' means a chemical
substance or mixture which presents an imminent and unreasonable risk of
serious or widespread injury to health or the environment. Such a risk
to health or the environment shall be considered imminent if it is shown
that the manufacture, processing, distribution in commerce, use, or
disposal of the chemical substance or mixture, or that any combination
of such activities, is likely to result in such injury to health or the
environment before a final rule under section 2605 of this title can
protect against such risk.
(Pub. L. 94-469, title I, Sec. 7, Oct. 11, 1976, 90 Stat. 2026;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(1), Oct. 28,
1992, 106 Stat. 3923.)
Amendments
1992--Subsec. (a)(1). Pub. L. 102-550 substituted ``section 2603 of
this title, 2604 of this title, 2605 of this title, or subchapter IV of
this chapter'' for ``section 2603, 2604, or 2605 of this title'' in last
sentence.
Pub. L. 102-550, which directed the insertion of ``or subchapter IV
of this chapter'' after ``2604'', was executed by making the insertion
after ``2604'' the second time appearing in last sentence, to reflect
the probable intent of Congress.
Section Referred to in Other Sections
This section is referred to in sections 2603, 2604, 2605, 2607,
2608, 2611, 2612, 2614, 2619 of this title; title 33 section 1319; title
42 sections 7412, 9601, 9606.
