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U.S. Code as of:
01/19/04
Section 2606. Imminent hazards
(a) Actions authorized and required
(1) The Administrator may commence a civil action in an
appropriate district court of the United States -
(A) for seizure of an imminently hazardous chemical substance
or mixture or any article containing such a substance or mixture,
(B) for relief (as authorized by subsection (b) of this
section) against any person who manufactures, processes,
distributes in commerce, or uses, or disposes of, an imminently
hazardous chemical substance or mixture or any article containing
such a substance or mixture, or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph
notwithstanding the existence of a rule under section 2603 of this
title, 2604 of this title, 2605 of this title, or subchapter IV of
this chapter or an order under section 2604 of this title or
subchapter IV of this chapter, and notwithstanding the pendency of
any administrative or judicial proceeding under any provision of
this chapter.
(2) If the Administrator has not made a rule under section
2605(a) of this title immediately effective (as authorized by
section 2605(d)(2)(A)(i) of this title) with respect to an
imminently hazardous chemical substance or mixture, the
Administrator shall commence in a district court of the United
States with respect to such substance or mixture or article
containing such substance or mixture a civil action described in
subparagraph (A), (B), or (C) of paragraph (1).
(b) Relief authorized
(1) The district court of the United States in which an action
under subsection (a) of this section is brought shall have
jurisdiction to grant such temporary or permanent relief as may be
necessary to protect health or the environment from the
unreasonable risk associated with the chemical substance, mixture,
or article involved in such action.
(2) In the case of an action under subsection (a) of this section
brought against a person who manufactures, processes, or
distributes in commerce 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 requiring (A) in the case of purchasers of such substance,
mixture, or article known to the defendant, notification to such
purchasers of the risk associated with it; (B) public notice of
such risk; (C) recall; (D) the replacement or repurchase of such
substance, mixture, or article; or (E) any combination of the
actions described in the preceding clauses.
(3) In the case of an action under subsection (a) of this section
against a chemical substance, mixture, or article, such substance,
mixture, or article may be proceeded against by process of libel
for its seizure and condemnation. Proceedings in such an action
shall conform as nearly as possible to proceedings in rem in
admiralty.
(c) Venue and consolidation
(1)(A) An action under subsection (a) of this section against a
person who 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 for any judicial district in which any
of the defendants is found, resides, or transacts business; and
process in such an action may be served on a defendant in any other
district in which such defendant resides or may be found. An action
under subsection (a) of this section against a chemical substance,
mixture, or article may be brought in any United States district
court within the jurisdiction of which the substance, mixture, or
article is found.
(B) In determining the judicial district in which an action may
be brought under subsection (a) of this section in instances in
which such action may be brought in more than one judicial
district, the Administrator shall take into account the convenience
of the parties.
(C) Subpeonas (!1) requiring attendance of witnesses in an action
brought under subsection (a) of this section may be served in any
judicial district.
(2) Whenever proceedings under subsection (a) of this section
involving identical chemical substances, mixtures, or articles are
pending in courts in two or more judicial districts, they shall be
consolidated for trial by order of any such court upon application
reasonably made by any party in interest, upon notice to all
parties in interest.
(d) Action under section 2605
Where appropriate, concurrently with the filing of an action
under subsection (a) of this section or as soon thereafter as may
be practicable, the Administrator shall initiate a proceeding for
the promulgation of a rule under section 2605(a) of this title.
(e) Representation
Notwithstanding any other provision of law, in any action under
subsection (a) of this section, the Administrator may direct
attorneys of the Environmental Protection Agency to appear and
represent the Administrator in such an action.
(f) "Imminently hazardous chemical substance or mixture" defined
For the purposes of subsection (a) of this section, the term
"imminently hazardous chemical substance or mixture" means a
chemical substance or mixture which presents an imminent and
unreasonable risk of serious or widespread injury to health or the
environment. Such a risk to health or the environment shall be
considered imminent if it is shown that the manufacture,
processing, distribution in commerce, use, or disposal of the
chemical substance or mixture, or that any combination of such
activities, is likely to result in such injury to health or the
environment before a final rule under section 2605 of this title
can protect against such risk.
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