U.S. Code » Title 15 » Chapter CHAPTER 53— TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER I— CONTROL OF TOXIC SUBSTANCES

15 U.S.C. § 2614

Prohibited acts

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It shall be unlawful for any person to—(1) fail or refuse to comply with any requirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or any requirement of subchapter II or any rule promulgated or order issued under subchapter II;(2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of section 2604 or 2605 of this title, a rule or order under section 2604 or 2605 of this title, or an order issued in action brought under section 2604 or 2606 of this title;(3) fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copying of records, as required by this chapter or a rule thereunder; or(4) fail or refuse to permit entry or inspection as required by section 2610 of this title.(Pub. L. 94–469, title I, § 15, Oct. 11, 1976, 90 Stat. 2036; renumbered title I and amended Pub. L. 99–519, § 3(b)(1), (c)(1), Oct. 22, 1986, 100 Stat. 2988, 2989; Pub. L. 114–182, title I, § 19(l), June 22, 2016, 130 Stat. 508.)Editorial NotesAmendments

2016—Par. (1). Pub. L. 114–182 substituted “any requirement of this subchapter or any rule promulgated, order issued, or consent agreement entered into under this subchapter, or” for “(A) any rule promulgated or order issued under section 2603 of this title, (B) any requirement prescribed by section 2604 or 2605 of this title, (C) any rule promulgated or order issued under section 2604 or 2605 of this title, or (D)”.

1986—Par. (1)(D). Pub. L. 99–519 added cl. (D).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1982–2024 · leading case: Rogers Corp. v. Env't Prot. Agency, 275 F.3d 1096 (D.C. Cir. 2002).
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Rogers Corp. v. Env't Prot. Agency, 275 F.3d 1096 (D.C. Cir. 2002). · cites it 3× “ROGERS, Circuit Judge: The Rogers Corporation (“the company”) petitions for review of the decision of the Environmental Appeals Board assessing a penalty of $281,400 for violation of section 15 of the Toxic Substances Control Act, 15 U.S.C. § 2614 (1994). The company challenges…”
Alm Corp. v. United States Env't Prot. Agency, Region II, 974 F.2d 380 (3d Cir. 1992). · cites it 8× “121 are not “reports, notices, or other information” ALM must submit under 15 U.S.C.A. § 2614 (3)(B); (2) the Customs Service’s regulatory detainment and enforcement proce *382 dures preclude EPA from separately enforcing those requirements under 15 U.”
In Re Methyl Tertiary Butyl Ether (\MTBE\") Prods. Liab. Litig.", 725 F.3d 65 (2d Cir. 2013). “¶ 188 ; and • violation of the federal Toxic Substances Control Act, 15 U.S.C. § 2614 (3)(B), based on defendants’ failure to inform the EPA of the risks associated with MTBE, id.”
Brewer v. Ravan, 680 F. Supp. 1176 (M.D. Tenn. 1988). “60 (1987), in violation of 15 U.S.C. § 2614 (1)(C) (1986). These PCB disposal regulations were promulgated by the EPA pursuant to the authority conferred upon it by 15 U.”
United States v. Robert Earl Ward, Jr. A/K/A \Buck\" Ward", 676 F.2d 94 (4th Cir. 1982). · cites it 2× “appeals his conviction on eight counts of unlawful disposal of toxic substances [ 15 U.S.C. §§ 2614 , 2605 and 40 C.F.R. § 761.”
United States v. Pac. Hide & Fur Depot, Inc., United States of Am. v. William Knick, 768 F.2d 1096 (9th Cir. 1985). “15 U.S.C. §§ 2614 , 2615(b) (1982). Consequently, if defendants did not know the capacitors contained PCBs, their convictions were improper.”
In Re Texas E. Transmission Corp. PCB Contamination Ins. Coverage Litig., 870 F. Supp. 1293 (E.D. Pa. 1992). “PCB Cleanup On July 23, 1982, EPA instituted an enforcement proceeding against Texas Eastern pursuant to the Toxic Substances Control Act alleging that Texas Eastern was using PCBs in violation of 15 U.S.C. § 2614 (1) & 40 C.F.R. § 761.20 (a).”
Boliden Metech, Inc. v. United States, 695 F. Supp. 77 (D.R.I. 1988). · cites it 2× “” Boliden argues that 15 U.S.C. §§ 2614 and 2616 provide an exclusive remedy when entry is refused under § 2610 of Title 15.”
Hall-Kimbrell Env't Servs., Inc. v. Archdiocese of Detroit, 878 F. Supp. 1409 (D. Kan. 1995). “Each of these violations subjected Hall-Kimbrell to civil penalties pursuant to 15 U.S.C. § 2614 . On September 29, 1992, Hall-Kimbrell entered a consent order with the USEPA, completely settling the violations alleged in the complaint.”
United States v. Commonwealth Edison Co., 620 F. Supp. 1404 (N.D. Ill. 1985). “” The TSCA makes it unlawful to fail or refuse to comply with the requirements of § 2605 or EPA regulations promulgated thereunder, 15 U.S.C. § 2614 (1). It gives district courts jurisdiction over civil actions to, inter alia, (1) restrain any violation of § 2614, (2) restrain…”
3M Co. (Minnesota Mining & Mfg.) v. Browner, 17 F.3d 1453 (D.C. Cir. 1994). “II Any person who violates § 15 of TSCA, 15 U.S.C. § 2614 , “shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation.”
United States v. Michael Moshe Shimshoni, 631 F. App'x 788 (11th Cir. 2015). · cites it 3× “(1) Any person who violates a provision of section 15 or 409 [ 15 U.S.C. § 2614 or § 2689]' shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation.”
Show all 22 citing cases →
15 U.S.C. § 2614(3): 2 cases
Asbestos Disease Awareness Org. v. Wheeler (N.D. Cal. 2020).
State of California v. United States Env't Prot. Agency (N.D. Cal. 2020).
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