Sec. 109. Imminent hazard
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/bill/119/s/4153/is/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of this title, on receipt of evidence that the use of any perfluoroalkyl or polyfluoroalkyl substance presents an imminent and unreasonable risk of serious or widespread injury to public health or environment, without consideration of costs or other nonrisk factors, the Administrator may issue an order to or bring suit against any manufacturer or user subject to the requirements of this title that is determined by the Administrator to be causing the imminent and unreasonable risk— to restrain that manufacturer or user from that use; to order that manufacturer or user to take such other action as may be necessary; or for the purposes described in paragraphs
(1)and (2). A manufacturer or user who willfully violates, or fails or refuses to comply with, any order of the Administrator under subsection
(a)may, in an action brought in the appropriate United States district court to enforce that order, be fined in an amount that the Administrator determines removes any economic benefit of noncompliance for each day in which the violation occurs or the failure to comply continues. On receipt of information that there is a perfluoroalkyl or polyfluoroalkyl substance that presents an imminent and substantial endangerment to human health or the environment, the Administrator shall require the violating manufacturer or user, at cost to the violating manufacturer or user— to provide immediate and public notice, within an estimated radius of impact as determined appropriate by the Administrator, to— the appropriate local government agencies and public services, including impacted utilities, including drinking water treatment plants, and public health, law enforcement, and environmental protection officials; and the community in which the endangerment is occurring, including publicly accessible areas of community congregation, including community recreation and health centers, public libraries, public schools, government offices, online message boards, listservs, and social media used by members of that community, and not-for-profit community services; to require— immediate and public notice to impacted members of the community that is provided across communication media and is easily accessible; and public meetings, in partnership with the Administrator and local authorities and leaders, for direct community engagement to provide health, safety, and additional information to the community and to field questions and concerns; and to provide regular updates with respect to the endangerment in accordance with the methods described in paragraphs
(1)and (2).