[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR302.7]

[Page 328]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 302_DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION--Table of 
Contents
 
Sec.  302.7  Penalties.

    (a) Any person--
    (1) In charge of a vessel from which a hazardous substance is 
released, other than a federally permitted release, into or upon the 
navigable waters of the United States, adjoining shorelines, or into or 
upon the waters of the contiguous zone,
    (2) In charge of a vessel from which a hazardous substance is 
released, other than a federally permitted release, which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (including resources under the 
Fishery Conservation and Management Act of 1976), and who is otherwise 
subject to the jurisdiction of the United States at the time of the 
release, or
    (3) In charge of a facility from which a hazardous substance is 
released, other than a federally permitted release, in a quantity equal 
to or greater than that reportable quantity determined under this part 
who fails to notify immediately the National Response Center as soon as 
he or she has knowledge of such release or who submits in such a 
notification any information which he knows to be false or misleading 
shall be subject to all of the sanctions, including criminal penalties, 
set forth in section 103(b) of the Act.
    (b) Notification received pursuant to this section or information 
obtained by the exploitation of such notification shall not be used 
against any such person in any criminal case, except a prosecution for 
perjury or for giving a false statement.
    (c) This section shall not apply to the application of a pesticide 
product registered under the Federal Insecticide, Fungicide, and 
Rodenticide Act or to the handling and storage of such a pesticide 
product by an agricultural producer.

[50 FR 13474, Apr. 4, 1985, as amended at 67 FR 45356, July 9, 2002]