
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2606]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 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.
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    \1\ So in original. Probably should be ``Subpoenas''.
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    (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.

(Pub. L. 94-469, title I, Sec. 7, Oct. 11, 1976, 90 Stat. 2026; 
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 
Stat. 2989; amended Pub. L. 102-550, title X, Sec. 1021(b)(1), Oct. 28, 
1992, 106 Stat. 3923.)


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-550 substituted ``section 2603 of 
this title, 2604 of this title, 2605 of this title, or subchapter IV of 
this chapter'' for ``section 2603, 2604, or 2605 of this title'' in last 
sentence.
    Pub. L. 102-550, which directed the insertion of ``or subchapter IV 
of this chapter'' after ``2604'', was executed by making the insertion 
after ``2604'' the second time appearing in last sentence, to reflect 
the probable intent of Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 2603, 2604, 2605, 2607, 
2608, 2611, 2612, 2614, 2619 of this title; title 33 section 1319; title 
42 sections 7412, 9601, 9606.
