[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR790.65]



[Page 20]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 790_PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES

--Table of Contents

 

   Subpart D_Implementation, Enforcement and Modification of Consent 

                               Agreements

 

Sec.  790.65  Failure to comply with a consent agreement.



    (a) Manufacturers and/or processors who have signed a consent 

agreement and who fail to comply with the test requirements, test 

standards, GLP regulations, schedules, or other provisions contained in 

the consent agreement, or in modifications to the agreement adopted 

pursuant to Sec.  790.68, will be in violation of the consent agreement.

    (b) The Agency considers failure to comply with any aspect of a 

consent agreement to be a ``prohibited act'' under section 15 of TSCA, 

subject to all of the provisions of the Act applicable to violations of 

section 15. Section 15(1) of TSCA makes it unlawful for any person to 

fail or refuse to comply with any rule or order issued under section 4. 

Consent agreements adopted pursuant to this part are ``orders issued 

under section 4'' for purposes of section 15(1) of TSCA.

    (c) Manufacturers and/or processors who violate consent agreements 

are subject to criminal and/or civil liability. Under the penalty 

provisions of section 16 of TSCA, such firms could be subject to a civil 

penalty of up to $25,000 per violation with each day in violation 

constituting a separate violation of section 15. Intentional violations 

could lead to the imposition of criminal penalties of up to $25,000 for 

each day of violation and imprisonment for up to one year. In addition, 

EPA could invoke the remedies available under section 17 of TSCA, 

including seeking an injunction to compel adherence to the requirements 

of the consent agreement.

    (d) Noncompliance with a consent agreement will constitute conduct 

``in violation of this Act'' under section 20(a)(1) of TSCA. Thus, 

failure to comply with the requirements of a consent agreement could 

result in a citizens' civil action under section 20(a)(1) of TSCA.