Sec. 8. Imminent hazards
787 words·~4 min read·
/bill/113/s/696/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7 of the Toxic Substances Control Act ( 15 U.S.C. 2606 ) is amended to read as follows: The Administrator may commence a civil action in an appropriate district court of the United States for— seizure of a chemical substance or mixture, or any article containing a chemical substance or mixture, that may present an imminent and substantial endangerment to health or the environment; relief authorized under subsection
(b)against any person that— manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance or mixture, or any article containing a chemical substance or mixture, if the manufacture, processing, distribution in commerce, use, or disposal may present an imminent and substantial endangerment to health or the environment; or contributes to an activity described in clause (i); or both seizure and relief described in subparagraphs
(A)and (B), respectively. The Administrator may issue such orders as are necessary to protect health or the environment from any manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or any article containing such a substance or mixture, that may present an imminent and substantial endangerment to health or the environment, as determined by the Administrator. An order under subparagraph
(A)may include such requirements imposed on the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or article containing the chemical substance or mixture, as the Administrator determines are necessary to protect health or the environment, including— the requirements described in section 6(c); and the relief authorized under subsection (b). A civil action may be commenced under paragraph (1), or other action may be taken under paragraph (2), notwithstanding— the existence of a rule or order under this Act; and the pendency of any administrative or judicial proceeding under this Act. The district court of the United States in which a civil action under subsection (a)(1) is brought shall have jurisdiction to grant such temporary or permanent relief as are necessary to protect health or the environment from the risk associated with the activity involved in the civil action. In the case of a civil action under subsection (a)(1) brought against a person that manufactures, processes, distributes in commerce, uses, or disposes of 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 imposing any of the requirements described in section 6(c); and in the case of purchasers of the substance, mixture, or article known to the defendant— notification to the purchasers of the risk associated with the substance, mixture, or article; public notice of the risk; recall; the replacement or repurchase of the substance, mixture, or article; or any combination of the actions described in section 6(c) or in clauses
(i)through
(iv)of this subparagraph; or such other relief as is necessary to protect health or the environment from the risk associated with the activity involved in the civil action. A civil action under subsection (a)(1) against a chemical substance, mixture, or article may be proceeded against by process of libel for seizure and condemnation of the chemical substance, mixture, or article. Proceedings in a civil action described in subparagraph
(A)shall conform, to the maximum extent practicable, to proceedings in rem in admiralty. A civil action under subsection (a)(1) against a person that 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 in any judicial district in which any of the defendants is found, resides, or transacts business. Process in an action described in subparagraph
(A)may be served on a defendant in any other district in which the defendant resides or may be found. A civil action under subsection (a)(1) against a chemical substance, mixture, or article may be brought in any United States district court within the jurisdiction of which the chemical substance, mixture, or article is found. In determining the judicial district in which a civil action may be brought under subsection (a)(1) in instances in which the action may be brought in more than 1 judicial district, the Administrator shall take into account the convenience of the parties. Subpoenas requiring attendance of witnesses in a civil action brought under subsection (a)(1) may be served in any judicial district. If proceedings under subsection (a)(1) involving identical chemical substances, mixtures, or articles are pending in courts in 2 or more judicial districts, the proceedings shall be consolidated for trial by order of any such court on application reasonably made by any party in interest, on notice to all parties in interest. .
Connectionstraces to 1
Traces to 1 document
U.S. Code